A living will basically makes it possible for any person to put his or her health care decisions in writing even if the hospitalization has not occurred yet.
It essentially takes effect as soon as the creator has become too ill or incapacitated to make a rational choice about medical treatment. If you happen to live in the state of Kentucky, then you would definitely need to familiarize yourself with the laws that govern Kentucky living wills.
The Kentucky Living Will Directive Act of 1994 was ratified to make sure that the residents have the right to decide for their own health care, as well as to refuse or accept medications or medical procedures. This right to choose is applicable to treatments that attempt to prolong a person's life such as ventilators or feeding tubes.
If you live in the state of Kentucky, a living will can basically enable you to leave behind instructions in four crucial areas. You may choose to designate a health care surrogate (patient advocate), request or refuse life-support measures, request or refuse artificial hydration or feeding, and/or convey your wishes with regard to organ or tissue donation.
Any person who is 18 years old and above is fit and qualified to draw up his or her own living will. However, the effectiveness of this legally binding document is normally put on hold during pregnancy.
You don’t necessarily need to have a lawyer to draft a living will. As a matter of fact, the Kentucky Law specifies which form you have to fill out. The only time that you would actually need an attorney is when you have to make some changes to your previous living will.
The state law also forbids family members, heirs, guardians, or health care providers from acting as witnesses to the signing of the document. In lieu of eligible observers, you may request the presence of a Notary Public.
The Kentucky living will form is comprised of two sections. The first one is the Health Care Surrogate portion. This allows you to appoint at least one person to make the decisions on your behalf with regard to health care. Needless to say, this right will only take effect once you become incapacitated and unable to communicate your wishes regarding medical treatment and life-sustaining measures. Your advocate can be a spouse, a son or daughter, a member of your immediate family, a guardian, or a trusted friend.
When selecting a surrogate, keep in mind that the person you appoint will have the power and strength to make crucial decisions about your health care – even if others may push for a totally different direction.
So choose the most qualified person to be your surrogate. You may also want to consider picking out a back-up person in case your first option is not available. Just be sure to notify them in advance and make certain that they understand what's really important to you.
If you ever decide to draw up a living will, make sure that you have a serious talk about it with your family and your physician. The conversation and the support that you get are just as important as the document itself. Also, be sure to lay out your wishes in the living will as specifically as possible.
Every time you get hospitalized – or if you ever get admitted in a nursing home, you are expected to inform your health care provider about your living will, or the lack of it.
One copy of the legal document should be placed in your medical records so that your attending physician may readily refer to it in case something really bad happens to you. This guideline does not only apply to Kentucky living wills – other states may require it as well.
Living Wills Related Articles
- Knowing The Pros And Cons Of Living Wills
- Facing The Difficult Task Of Making Living Wills
- Advanced Directives And Living Wills In Nebraska
- Differentiating A Living Will And A Living Trust
- Exploring The Contents Of Living Wills
- Living Will Forms And How They Work
- Living Wills And How They Work
- Living Wills And Power Of Attorney
- Living Wills And The Extent Of Your Options
- Living Wills And The Terry Schiavo Case
- Living Wills For Health Care
- Living Wills: How To Plan For The Future
- Living Wills: Putting Your Refusal Into Writing
- Living Wills: Your Right, Your Choice
- Massachusetts Living Wills
- Ohio Living Wills And Other Advance Directives
- Questions Worth Asking About Advance Directives And Living Wills
- Step One: Get Free Living Wills Online
- Succession Law: The Importance of Having a Will
- Take Your Pick: Living Wills Or Living Trusts
- The Advantages Of Living Wills And Living Trusts
- The Basic Details About Kentucky Living Wills
- The Details Of California Living Will Forms
- The Limitations and Alternatives of Missouri Living Wills
- The Ultimate Guide In Making A Louisiana Living Will
Every person has the right to self-determination especially on the subject of health care. This right encompasses the decision to refuse or accept a particular type of treatment, may it be as simple as an oral medication or as complicated as a surgical procedure.
An individual who is of sound mind and above 18 years of age is also entitled to plan and give directions concerning future medical care in the event of a serious infirmity or vegetative state. He or she may convey certain wishes through living wills.
A living will is a legal file that informs your immediate family and your doctors concerning your preferences about life-support measures. These specialized group of medical treatments could include artificial respirators and tube feeding – all of which aim to prolong life with no definite hope of reinstating quality. The high-tech machines and gadgets may target and support specific organs in the body such as the lungs, kidneys, or the heart.
Normally, the orders stated in a living will becomes effective as soon as two qualified doctors – one of whom should be the attending physician – both concur in writing that the patient is either in a permanent/irreversible vegetative condition or close to death. Needless to say, it should be established that he or she is definitely incapable of expressing health care decisions.
In case you have a change of heart after completing a previous living will, you may effect the desired alterations in the legal document at any time. You may even call the whole thing off if you feel compelled to do so. Then again, you must follow certain procedures for the cancellation of a living will. State laws, with regard to living wills and advance directives, typically regulate this lawful action.
A completed and duly signed living will should be kept in a safe location where you and your immediate family can easily get hold of it. Therefore, storing this legal document in a secured deposit box is never a good idea.
You should also inform your lawyer – if you have one, as well as your next of kin, about the existence and whereabouts of your living will. In addition, your attending physician and health care provider should be notified and instructed in making the document a part of your permanent hospital records.
Living Will Vs. Power of Attorney
A living will is activated only when death is imminent or when a patient falls in a persistent vegetative condition and has lost all faculties of communication. It only handles the application or removal of life-support measures.
On the other hand, a durable power of attorney works in a different way. It basically goes into effect when a patient becomes incapacitated to make autonomous health care determinations. However, he or she does not have to be in a vegetative state or in a near-death condition.
The power of attorney also allows a surrogate to speak in behalf of the patient and to make the necessary health care decisions. But unlike a living will, the determinations are not restricted to life-prolonging treatments. The type and extent of decisions a surrogate can make essentially depends on your preferences.
It is not compulsory to have both a power of attorney and a living will. However, if you do decide to have both, you should make sure that they don’t clash. On top of that, you should view living wills as a right and not as a privilege given only to special people.
Living Wills Related Articles
- Knowing The Pros And Cons Of Living Wills
- Facing The Difficult Task Of Making Living Wills
- Advanced Directives And Living Wills In Nebraska
- Differentiating A Living Will And A Living Trust
- Exploring The Contents Of Living Wills
- Living Will Forms And How They Work
- Living Wills And How They Work
- Living Wills And Power Of Attorney
- Living Wills And The Extent Of Your Options
- Living Wills And The Terry Schiavo Case
- Living Wills For Health Care
- Living Wills: How To Plan For The Future
- Living Wills: Putting Your Refusal Into Writing
- Living Wills: Your Right, Your Choice
- Massachusetts Living Wills
- Ohio Living Wills And Other Advance Directives
- Questions Worth Asking About Advance Directives And Living Wills
- Step One: Get Free Living Wills Online
- Succession Law: The Importance of Having a Will
- Take Your Pick: Living Wills Or Living Trusts
- The Advantages Of Living Wills And Living Trusts
- The Basic Details About Kentucky Living Wills
- The Details Of California Living Will Forms
- The Limitations and Alternatives of Missouri Living Wills
- The Ultimate Guide In Making A Louisiana Living Will