Common Clauses in Living Wills Explained

Discover practical examples of common clauses in living wills to ensure your healthcare wishes are respected.
By Jamie

Understanding Common Clauses in Living Wills

Living wills are essential legal documents that outline your healthcare preferences in case you become unable to communicate them yourself. They provide guidance to medical professionals and loved ones about your wishes, ensuring that your values are respected during critical moments. Below are three practical examples of common clauses found in living wills.

1. Medical Treatment Preferences

This clause details your preferences regarding specific medical treatments in the event of a terminal illness or irreversible condition. It serves as a clear directive for healthcare providers, ensuring that your wishes are followed.

In situations where life-sustaining treatments may prolong suffering, this clause can specify what you do or do not want. For instance:

“In the event that I am diagnosed with a terminal illness or am in a persistent vegetative state, I do not wish to receive life-sustaining treatments, including but not limited to mechanical ventilation, resuscitation, or artificial nutrition and hydration.”

It is crucial to be explicit about your wishes, as this clause can help prevent unnecessary suffering and ensure dignity in dying.

Notes:

  • Consider discussing your preferences with your healthcare provider for clarity.
  • It’s advisable to review and update this clause periodically to reflect any changes in your healthcare philosophy.

2. Appointment of Healthcare Proxy

This clause designates an individual to make healthcare decisions on your behalf if you are incapacitated. A healthcare proxy can provide guidance based on your expressed wishes and values, ensuring that your preferences are respected.

Here’s a typical example:

“I hereby appoint [Name], residing at [Address], to be my healthcare proxy. In the event that I am unable to make my own medical decisions, [Name] shall have the authority to make decisions regarding my medical treatment in accordance with my wishes as expressed in this living will. If [Name] is unavailable or unable to serve, I appoint [Alternate Name] as my alternate healthcare proxy.”

This clause is vital, as it allows someone you trust to advocate for you during medical emergencies, helping to alleviate the burden on family members.

Notes:

  • Choose a healthcare proxy who understands your values and is willing to advocate for your preferences.
  • Inform your proxy about your living will and have discussions about your healthcare wishes.

3. Organ Donation Wishes

Incorporating your preferences for organ donation in your living will ensures that your intentions are clear and can be honored after your passing. This clause can relieve your family of difficult decisions during a challenging time.

An example of this clause would be:

“Upon my death, I wish to donate any organs or tissues that may be suitable for transplantation or research purposes. I hereby authorize my healthcare providers to act in accordance with my intentions regarding organ donation, in accordance with applicable laws.”

This clause not only reflects your wishes but can also contribute to saving lives and advancing medical research.

Notes:

  • Check local laws regarding organ donation to ensure compliance.
  • It may be beneficial to register with a national or regional organ donor registry in addition to including this clause in your living will.

By including these examples of common clauses in living wills, you can create a comprehensive document that reflects your healthcare preferences and provides peace of mind for both you and your loved ones.