Dear Readers,
For months I’ve been arguing that A) everyone needs a “Living Will.” And B) no one needs a lawyer to write that Living Will.
But Marc Levine, a brilliant Maryland attorney, begs to differ. And maybe he’s right. After all, the most important thing a Living Will can do is ensure its own implementation. That’s the bottom line. And a lawyer might help a client to make certain his last wishes become commandments to the medical profession. Here are Marc’s thoughts:
“I agree that a “lawyer” written “Living Will” sounds bad. But most health care directives (which deal with both who is the health care agent and what decisions you want made) are based not on what the attorney thinks, but on a state-created document. Since each state has different documents (and I am in favor of some kind of Uniform Health Care Directive Act but I would not hold your breath) they bring up different issues. The hope is that these documents have been drafted by the respective legislatures with consultations from doctors. So when we do a Maryland Health Care Directive, we base it on the Maryland state form. I would recommend that Maryland Advance Directive (http://www.oag.state.md.us/Healthpol/AdvanceDirectives.htm), and Maryland’s website on Health Decisions policy (http://www.oag.state.md.us/Healthpol/index.htm) to anyone interested in seeing a fairly comprehensive form. As an attorney, I take that document and add language or options, many of which come from other statutes, or from clients and their doctors.”
Thank you, Marc! Now if any other readers have thoughts on the matter, bring them on!
I am completely new to your webiste, but find it just fascinating. After all, there are so many places to get advice on relationships, family and what-have-you, but NO ONE has done what you’ve done, combined it all with the most important moments of our lives (more important than weddings, I think). As the name of the site indicates, while we don’t all have romantic relationships, and some of us don’t work, we are all in the checkout line.
So I’m wondering if there’s an organization or group which has more information about living wills?? I know the situation differs depending on the state you live in. And please remember: not everyone can afford an attorney! I’m in Kansas, but can I use the Maryland guidelines mentioned above? Any suggestions?
Stop your unwarranted encouragement of suicide and murder!
Hi Fran — thanks for your observations (and your praise).
First of all, you’re right: not everyone can afford a lawyer, and I should have mentioned that myself. But obviously if you can afford a lawyer, that’s the best route to go when preparing a Living Will.
I often tell readers who write in that their family doctors will usually also have a form of Living Will available for patients free of charge. They may not be called a Living Will (Advance Medical Directives is another term) — but that’s what they are. So fill that out and give it to your doctor, if you don’t want a lawyer.
Will that document be honored when the time comes? Great question! One in four such Living Wills is not honored. It depends on the doctor, the laws of the state you live in, whether or not the wishes of some intrusive relatives can override the document — all sorts of things. Obviously, we all have a great deal of work to do to make sure our last wishes are obeyed.
Fran should talk to her doctor. He or she knows her family and possibly local laws that govern Living Wills as well.
Hi, cool post. I have been wondering about this topic,so thanks for writing.
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