Here's a little information regarding Living Wills and Durable Power of Attorneys for Heathcare....
While it may be substantially similiar, this info is specific to Tennessee, so please discuss these matters with your attorney especially if you live in another state.
What Tennesseans Need to Know About Living Will and Durable Power of Attorney for Health Care
Tennessee law gives you the right to turn down medical treatment. For example, you may not want to be put on machines if you are dying.
But, what if you get too sick to decide or speak for yourself? Two legal papers can speak for you. A Living Will says what you would want if you were dying or in a long-time coma. A Durable Power of Attorney for Health Care names someone to make medical decisions if you can?t. If you want a Living Will, it?s good to get both papers. You can only sign these papers while you are still well enough to make decisions.
Living Will
A Living Will is a legal paper. It says you want your death to be a natural death. You don?t want anything that would only make your dying take longer. It says not to keep you alive on machines if: You are about to die, or The doctor thinks you will never wake up from a coma.
A Living Will also says if you want to be kept alive by a feeding tube or not. But most Living Wills signed before July 1, 1991 don?t talk about being in a coma or being fed by tubes.
If I signed a Living Will or a Durable Power of Attorney for Health Care before July 1, 1991, should I do it again? If these papers were legal when you signed them, they are still legal now. However, Living Wills signed before July 1, 1991 don?t say what to do if:
- You need tubes to give you food or water.
- The doctor thinks you will never come out of a coma.
If you want to decide this yourself, sign a new Living Will. You can also say if you want to donate organs after you die. To be safe, it is best to sign a new Durable Power of Attorney for Health Care if:
- You still want one and
- You signed the old one before April 1990.
There is another reason to sign a new Durable Power of Attorney for Health Care. Do it if the person you named in the old one cannot or will not serve.
A Living Will does not say who should get your belongings after you die.
A Living Will works only if others know you have it. If you sign one, give copies to your family, doctor and friends. A copy is as good as an original.
You can cancel a Living Will later. Just tell people you changed your mind. You don?t have to tear up the paper, but you should!!!
It?s good to have someone you trust make sure your Living Will is carried out. A Durable Power of Attorney for Health Care gives them the legal power to do this.
Durable Power of Attorney for Health Care
This legal paper says who should make your health care decisions if you can?t speak for yourself. This person can stop treatment you would not want. This person is called your ?attorney in fact? but they don?t have to be a lawyer. Your attorney in fact is just someone you trust to carry out your wishes.
You can cancel a Durable Power of Attorney
for Health Care at any time. Just tell your doctor or other health professional that you changed your mind.
NOTE: There are other kinds of Durable Powers of Attorney. If you signed a Power of Attorney to let someone handle your money and property, that person CANNOT make your medical decisions. For that, you must sign a Durable Power of Attorney for Health Care.
QUESTIONS AND ANSWERS about Living Will and Durable Power of Attorney for Health Care
Do I have to have both papers? No. But, if you make a Living Will, it is best to have both. The Durable Power of Attorney for Health Care makes your Living Will stronger. The person you name can make sure your Living Will is carried out. The Living Will makes sure that person knows your wishes.
What choices does the Living Will give me about donating organs? You have three choices. Check just ONE:
- Give any part of your body after death for use by another person, OR
- Give part, but not all of your body (write in the parts you want to give), OR
- Give none of your body. If you donate organs, your body stays on machines until the organs are taken out. You do not pay for this.
When I make a Living Will, what choices do I have?A Living Will says you don?t want medical treatment that would make your dying take longer. You must also say in your Living Will:
- If you do or don?t want to be kept alive by tubes for food or water.
- If you do or don?t want to donate part of your body after you die.
How do I sign these papers so they will be legal?To be legal, a Living Will must be signed in front of 2 witnesses. This is also true for a Durable Power of Attorney for Health Care. (See the next section. It says who the law does and does not allow to be a witness.) A notary public must watch you sign your Durable Power of Attorney for Health Care. A Living Will does not have to be notarized.
Who CANNOT witness the signing? By law, certain people CANNOT sign as witnesses to your Living Will. They also CAN?T witness your Durable Power of Attorney for Health Care. They are:
- Your relatives.
- Anyone who will get your money or property
when you die.
- The person you have chosen to be your ?attorney in fact? in the Durable Power of Attorney for Health Care.
- Your health care providers, such as your doctors and anyone who works for your doctors.
- Anyone who works for a place where you are a patient, such as a hospital or nursing home.
Can a relative be my ?attorney in fact?? Yes. What a relative CANNOT do is be the witness to your signing. However, a relative CAN be the ?attorney in fact? you name to decide about your medical care.
I want someone else to handle my money and business affairs. Will a Durable Power of Attorney for Health Care do that? No. For that, you must sign a regular Durable Power of Attorney. A Durable Power of Attorney for Health Care only names someone to decide your medical care.
Who CANNOT be my ?attorney in fact?? By law, you CANNOT choose the people listed below to be the ?attorney in fact? in your Durable Power of Attorney for Health Care:
- One of your health care providers, such as a doctor or nurse.
- Someone who works for one of your health care providers (unless this person is your relative).
- Anyone who runs a health care place, such as a hospital or nursing home.
- Anyone who works for a health care place (unless this person is your relative).
- Your conservator (except in special cases. Check with your lawyer on this).
What should I do with my Living Will and Durable Power of Attorney for Health Care? These papers work only if others know you signed them. Keep the original with your important papers. Give copies to your ?attorney in fact,? your family, close friends and doctors. A copy will work as well as the original. Keep a copy in your wallet.
Hope that this helps a little.... If nothing else, the coverage of the Terri Schiavo case should emphasize the importance of having these two documents and should prompt those without them to stop putting off executing them because none of us knows what tomorrow holds for us.
While it may be substantially similiar, this info is specific to Tennessee, so please discuss these matters with your attorney especially if you live in another state.
What Tennesseans Need to Know About Living Will and Durable Power of Attorney for Health Care
Tennessee law gives you the right to turn down medical treatment. For example, you may not want to be put on machines if you are dying.
But, what if you get too sick to decide or speak for yourself? Two legal papers can speak for you. A Living Will says what you would want if you were dying or in a long-time coma. A Durable Power of Attorney for Health Care names someone to make medical decisions if you can?t. If you want a Living Will, it?s good to get both papers. You can only sign these papers while you are still well enough to make decisions.
Living Will
A Living Will is a legal paper. It says you want your death to be a natural death. You don?t want anything that would only make your dying take longer. It says not to keep you alive on machines if: You are about to die, or The doctor thinks you will never wake up from a coma.
A Living Will also says if you want to be kept alive by a feeding tube or not. But most Living Wills signed before July 1, 1991 don?t talk about being in a coma or being fed by tubes.
If I signed a Living Will or a Durable Power of Attorney for Health Care before July 1, 1991, should I do it again? If these papers were legal when you signed them, they are still legal now. However, Living Wills signed before July 1, 1991 don?t say what to do if:
- You need tubes to give you food or water.
- The doctor thinks you will never come out of a coma.
If you want to decide this yourself, sign a new Living Will. You can also say if you want to donate organs after you die. To be safe, it is best to sign a new Durable Power of Attorney for Health Care if:
- You still want one and
- You signed the old one before April 1990.
There is another reason to sign a new Durable Power of Attorney for Health Care. Do it if the person you named in the old one cannot or will not serve.
A Living Will does not say who should get your belongings after you die.
A Living Will works only if others know you have it. If you sign one, give copies to your family, doctor and friends. A copy is as good as an original.
You can cancel a Living Will later. Just tell people you changed your mind. You don?t have to tear up the paper, but you should!!!
It?s good to have someone you trust make sure your Living Will is carried out. A Durable Power of Attorney for Health Care gives them the legal power to do this.
Durable Power of Attorney for Health Care
This legal paper says who should make your health care decisions if you can?t speak for yourself. This person can stop treatment you would not want. This person is called your ?attorney in fact? but they don?t have to be a lawyer. Your attorney in fact is just someone you trust to carry out your wishes.
You can cancel a Durable Power of Attorney
for Health Care at any time. Just tell your doctor or other health professional that you changed your mind.
NOTE: There are other kinds of Durable Powers of Attorney. If you signed a Power of Attorney to let someone handle your money and property, that person CANNOT make your medical decisions. For that, you must sign a Durable Power of Attorney for Health Care.
QUESTIONS AND ANSWERS about Living Will and Durable Power of Attorney for Health Care
Do I have to have both papers? No. But, if you make a Living Will, it is best to have both. The Durable Power of Attorney for Health Care makes your Living Will stronger. The person you name can make sure your Living Will is carried out. The Living Will makes sure that person knows your wishes.
What choices does the Living Will give me about donating organs? You have three choices. Check just ONE:
- Give any part of your body after death for use by another person, OR
- Give part, but not all of your body (write in the parts you want to give), OR
- Give none of your body. If you donate organs, your body stays on machines until the organs are taken out. You do not pay for this.
When I make a Living Will, what choices do I have?A Living Will says you don?t want medical treatment that would make your dying take longer. You must also say in your Living Will:
- If you do or don?t want to be kept alive by tubes for food or water.
- If you do or don?t want to donate part of your body after you die.
How do I sign these papers so they will be legal?To be legal, a Living Will must be signed in front of 2 witnesses. This is also true for a Durable Power of Attorney for Health Care. (See the next section. It says who the law does and does not allow to be a witness.) A notary public must watch you sign your Durable Power of Attorney for Health Care. A Living Will does not have to be notarized.
Who CANNOT witness the signing? By law, certain people CANNOT sign as witnesses to your Living Will. They also CAN?T witness your Durable Power of Attorney for Health Care. They are:
- Your relatives.
- Anyone who will get your money or property
when you die.
- The person you have chosen to be your ?attorney in fact? in the Durable Power of Attorney for Health Care.
- Your health care providers, such as your doctors and anyone who works for your doctors.
- Anyone who works for a place where you are a patient, such as a hospital or nursing home.
Can a relative be my ?attorney in fact?? Yes. What a relative CANNOT do is be the witness to your signing. However, a relative CAN be the ?attorney in fact? you name to decide about your medical care.
I want someone else to handle my money and business affairs. Will a Durable Power of Attorney for Health Care do that? No. For that, you must sign a regular Durable Power of Attorney. A Durable Power of Attorney for Health Care only names someone to decide your medical care.
Who CANNOT be my ?attorney in fact?? By law, you CANNOT choose the people listed below to be the ?attorney in fact? in your Durable Power of Attorney for Health Care:
- One of your health care providers, such as a doctor or nurse.
- Someone who works for one of your health care providers (unless this person is your relative).
- Anyone who runs a health care place, such as a hospital or nursing home.
- Anyone who works for a health care place (unless this person is your relative).
- Your conservator (except in special cases. Check with your lawyer on this).
What should I do with my Living Will and Durable Power of Attorney for Health Care? These papers work only if others know you signed them. Keep the original with your important papers. Give copies to your ?attorney in fact,? your family, close friends and doctors. A copy will work as well as the original. Keep a copy in your wallet.
Hope that this helps a little.... If nothing else, the coverage of the Terri Schiavo case should emphasize the importance of having these two documents and should prompt those without them to stop putting off executing them because none of us knows what tomorrow holds for us.
