Thursday, July 12, 2007

Advance Health Directive: The Living Will and The Power of Attorney

A living will, also called will to live, is one type of advanced health care system, or advanced health care principle. It often goes along with a specific type of power of attorney. These are legal tools that are usually witnessed or notarized.

A living will usually covers specific directions as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases denying treatment and sometimes also food and water, should the patient be unable to give conscious consent ("individual health care instruction") due to illness.

A power of attorney for health care, appoints an individual (a proxy) to give health care decisions should the patient be unable to do so.
Refusal of treatment forms, the name suggests, the term "will to live", as opposed to the other terms, tends to point out the wish to live as long as possible rather than refusing treatment in the case of serious conditions.

In the Netherlands, patients and likely patients can identify the circumstances under which they would want euthanasia for themselves. They do this by providing a written order. This helps to ascertain the preexisting expressed wish of the patient even if the patient is no longer able to exchange a few words. However, it is only one of the factors that is taken into account.

In Switzerland, there are several associations which take care of registering patient declarations, forms which are signed by the patients declaring that in case of unending loss of judgment (e.g., inability to communicate or severe brain damage) all means of prolonged life shall be stopped. Family members and groups, also keep alternatives which entitle its holder to enforce such patient decrees. Establishing such decrees is pretty straightforward.

In the United States, most states recognize living wills or the label of a health care surrogate. However, a "report card" issued by the Robert Wood Johnson Foundation in 2002 concluded that only seven states deserved an "A" for meeting the standards of the model Uniform Rights of the Terminally Ill Act. Surveys show that one-third of Americans say they've had to make decisions about end-of-life care for a loved one.

I am going to refer you to a FANTASTIC website that's available that will teach you in great detail about the power and the importance of having a living will and SUPERB description of the necessary procedures. The site is called Living Will: You Have Choices. Even if you've never thought of the provisions of living wills and trusts before, you'll feel like a pro after joining this site. Trust me... It's That GOOD! If you haven't read it... READ IT!

Article Source: http://EzineArticles.com/?expert=James_Winston

How To Write Your Last Will

If you are reading this, you want to know how to write a Will - a Last Will And Testament. It is actually simple. To write your own Last Will And Testament you have two choices: start from scratch or use a Last Will And Testament form.

Writing a Will from scratch is easy because there is not any required format. Your Will can be written like a letter or a simple statement. It doesn't matter. What matters is that in the letter or statement you clearly state that you want it to be effective upon your death and that it meets certain legal requirements, especially that you sign it in front of witnesses.

Writing a Will using a Last Will And Testament form is also very easy. You can obtain a Last Will And Testament form from the internet or from an office supply store. Many of these Will forms are "fill-in-the-blank" type of forms and, usually, it is clear what should go in each blank.

On the internet, you can find sites which say that they will prepare a "custom" Last Will And Testament for you. Don't be fooled. These are simply "merge" programs where they take your answers to question and merge the answers into a form and then you print out the completed form. There is nothing "custom" about them. The only way to have a custom made Last Will And Testament is to go to a Lawyer.

Finally, knowing how to write a Will is not as important as knowing that some of your property may not be covered by your Last Will And Testament. Every state has laws which may disallow or change your wishes as expressed in your Last Will And Testament. For example, you may want your money that is in a joint bank account to go to someone other than the joint account holder, but state law may give it to the joint account holder anyway.

The above information is general information only. For specific questions or clarification, contact a lawyer licensed in your state.

WWW.LastWillAndTestamentSite.com is the home for Will information, FREE Last Will And Testament EBook, and Last Will And Testament Forms. Copyright 2007 LastWillAndTestamentSite.com.

Article Source: http://EzineArticles.com/?expert=Stephen_Best