Americans are living longer and healthier lives, thanks to medical
innovations and new technology. In most cases technology helps families
to stay together longer. But in some cases, medical machines are being
used to keep an individual alive long after the mind and body have ceased
to function naturally.
In a landmark decision in 1990, the United States Supreme Court ruled
that an individual has the constitutional right to refuse medical treatment-even
life-sustaining machines. This same ruling endorsed the concept of a
living will as a method for clearly defining the wishes of an individual
to exercise the right to make his or her own medical decision.
A living will is a written document that instructs your family members
and physician on the type of care you wish to receive. Specifically,
it indicates whether or not you want life-prolonging medical procedures
and designates whom you wish to make your medical decisions for you,
should you become incapacitated.
In 1991, New Jersey became one of the first states in the nation to
expand statutory coverage for living wills to patients who are neither
terminally ill nor permanently unconscious.
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Living will forms are available from many sources including the following:
- Hospitals, hospices, and home health agencies
- Family physician
- Family lawyer
- New Jersey Division on Aging, 101 South Broad
Street, Trenton, NJ 08625, 1-800-792-8820
By law, all New Jersey hospitals must ask if you have a living will,
and provide you with a living will form upon admission. Why not be prepared
in advance? Waiting until a crisis situation arises to prepare a living
will is not advisable. Upon admission to a hospital, you could be unconscious
and physically unable to sign a living will, or you may not be in a
frame of mind where you can make a clear decision.
There are several benefits. A living will prevents possible financial
devastation. In addition, a living will relieves family members of the
burden of making and agonizing over life or death decision regarding
prolonged medical treatment. It also works so that your physician is
not put in the position of having to make important life and death decisions
for you. For example, if there are differences in opinion amongst your
family members regarding your care, your physician will be forced to
make all decisions if no living will is present.
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It is virtually impossible to specify every possible procedure under
every circumstance. However, you can choose life support, which means
that every possible effort will be made to revive you. In making this
decision, it is important to think about your personal views on death
and how life support would affect the dying process.
No. A living will does not require the services
of an attorney as long as the document follows
the proper formalities. However, this is an evolving
area of law and state statutes are subject to change.
To be assured that your living will conforms to
the most recent legislation, it is advisable to
seek legal counsel.
Yes. To ensure that your wishes are known, give
copies of your living will to your physician for
your medical file and to a family member or close
friend. Also, keep a copy with your important papers.
Don’t put a living will in your safe deposit
box where it is not easily accessible to others.
Some people carry a card in their wallet stating
where a signed living will can be located.
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Yes. In fact, it is a good idea to review your
living will from time to time. That way, family
members and your health care providers know that
the document still reflects your wishes. Just make
sure any changes you make comply with state law.
While it is your constitutional right to make
your own health care decisions-including end-of-life
decisions-that right may be forfeited unless you
make provisions beforehand. A living will is one
sure way to protect your rights.
As long as your document is drafted correctly,
the law will honor it. Your living will must be
signed, dated and witnessed by someone other than
a relative, potential heir, health care provider,
or the person designated as your decision maker.
Certainly it is important to discuss your living
will with your family members. It is also important
to share your views on prolonged medical treatment.
But keep in mind that, ultimately, it’s your
decision.
This brochure is provided as a public service
of the Saint Barnabas Health Care System Nursing
and Rehabilitation Centers.
For information about any of the Saint Barnabas
Health Care System Nursing and Rehabilitation Centers,
call 1-888-SBHS-123.
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