NOTICE: These FAQ pages provide informal guidance
and should NOT be relied upon as legal advice.
Submit a Client Intake Form or contact our office if you need legal counsel.
Who should have a Living Will?
Who should have a Health Care Proxy?
Who should be your Health Care Agent?
What is a Living Will?
What is a Health Care Proxy?
When does a Living Will take effect?
When does a Health Care Proxy take effect?
Where should I store my Living Will?
Where should I store my Health Care Proxy?
Why do I need a Living Will?
Why do I need a Health Care Proxy?
Who should have a Living Will?
You should have a Living Will if you wish to relieve your loved ones from the burden of deciding when to withhold life sustaining treatment from your comatose or vegetative body.
Who should have a Health Care Proxy?
You should have a Health Care Proxy if you wish to spare your loved ones from potential conflict regarding when to withhold life sustaining treatment from your comatose or vegetative body. If you choose not to execute a Living Will, you should execute a Health Care Proxy, at the least.
Who should be your Health Care Agent?
Your Health Care Agent should be someone who is
familiar with your health care wishes and who
will faithfully execute them. Typically, your Health Care Agent is your spouse, a close family member, or a trusted friend.
What is a Living Will?
A Living Will is a legal document which sets
forth the circumstances when you want certain
life sustaining treatments withheld. For example, your Living Will may direct that if you are in an incurable or irreversible condition with no reasonable expectation of recovery, then you wish to withhold artificial respiration, artificial nutrition and hydration, or cardiopulmonary resuscitation.
What is a Health Care Proxy?
A Health Care Proxy is a legal document which gives another person, your Health Care Agent, the power to make your health care decision for you if you are unable.
When does a Living Will take effect?
Your Living Will is effective immediately, but is only relevant when you are comatose or in a vegetative state. Some examples include when you suffer from:
- An incurable or irreversible condition with no reasonable expectation of recovery.
- An incurable or irreversible condition which is likely to cause your death within a relatively short time.
- A state of permanent unconsciousness or a persistent vegetative state.
- A state of substantial and irreversible loss of mental capacity.
When does a Health Care Proxy take effect?
Your Health Care Proxy takes effect when you are
no longer able to communicate your wishes
regarding your health care decisions, typically
when you are comatose or in a vegetative state.
Where should I store my Living Will?
You should store your Living Will someplace safe
and readily accessible, typically with your other
personal papers, with your Health Care Agent,
with your attorney, or with your primary care
physician.
Where should I store my Health Care Proxy?
You should store your Health Care Proxy someplace
safe and readily accessible, typically with your
other personal papers, with your Health Care
Agent, with your attorney, or with your primary
care physician.
Why do I need a Living Will?
You need a Living Will if you believe there may be conflict regarding when to withhold life sustaining treatment from your comatose or vegetative body. A Living Will will relieve your loved ones from the burden of this very difficult decision.
Why do I need a Health Care Proxy?
You need a Health Care Proxy if you believe there may be conflict regarding when to withhold life sustaining treatment from your comatose or vegetative body. If you have a Living Will, then
your Health Care Agent will make your health care
decisions in any circumstance that is not
explicitly covered by your Living Will. If you do not have a Living Will, then your Health Care Agent will make your health care decisions in all circumstances.
Complete our Burial/POA/Health Care Directives Intake Form to being making your Health Care Directives »