| What is the Will to Live?
The Will to Live is a legal document that you can
sign which:
1) names someone to make health care decisions for
you (your "health care agent") if you develop a condition
that makes it impossible for you to speak for yourself (become
"incompetent"), and
2) makes clear (in the form of written instructions
to your health care agent) what medical treatment you would want if
you can no longer speak for yourself.
Why Should I Sign a Will to Live?
To lessen the real and growing danger that you
may be starved or denied necessary medical treatment when you cannot
speak for yourself.
It used to be that most doctors, believing in the
Hippocratic Oath, generally saw their purpose as saving life. Except
in extreme circumstances, they would provide life-saving medical
treatment, and they would always give their patients food and
water. It also used to be that courts recognized a presumption for
life, and saw their duty as protecting the lives of those who could
not speak for themselves.
Today, however, many doctors accept a "quality
of life" ethic. If they believe someone will have disabilities
that make that person's life have too poor a quality, they will do
everything they can to deny life-saving treatment and even food and
water so the person will die. Today, also, the courts and laws of most
states, instead of recognizing a presumption for life, have in effect
created a presumption for death for people who cannot speak for
themselves when they have significant disabilities.
By signing a Will to Live you help to protect your
own life by making clear that you would want food and water and would
want life-saving treatment except in the circumstances you yourself
specify.
But I wouldn't want a lot of machines to keep me
alive, just prolonging the dying process.
That's why a lot of people sign "living
wills." They think that they are just preventing the use of
experimental or "extraordinary" treatment when they are
terminally ill and about to die anyway. But you may not realize that
in many states the "living will" really means:
- you may be starved and dehydrated if you cannot
swallow on your own
- you will be denied life-saving medical treatment even
if you could live indefinitely if you have disabilities a doctor
or court think make your life not worth living.
The Will to Live will protect you from being
denied life-saving medical treatment (and even food and water) in
these circumstances. At the same time, the "Will to
Live" would allow you, if you wish, to reject treatment that
would just prolong your life briefly if you are about to die. It
allows you to state exactly what you would not want.
Is there really much danger that I won't get
treatment I would want?
In almost all states the law, as established by the
courts or the legislature, allows someone else to cut off your medical
treatment, as well as "artificially" provided food and
water, if you cannot speak for yourself and have left no clear
expression of your wishes.
Nor do doctors necessarily make the presumption on
the side of life. Citing a number of studies, an article in the
medical journal Archives of Internal Medicine concluded,
"Existing evidence ... suggests that physicians' decisions for
life-sustaining treatment are often inconsistent with patients'
preferences." The article described a study finding that doctors
often underestimate the quality of life of their patients, in
comparison to the patients' own assessment.
But I trust my own doctor. Why do I need a
Will to Live?
Anna Hirth trusted Dr. Allen Jay. Dr. Jay, who had
cared for her for years, knew that she would want food and fluids and
assured that she would get them after she became
"incompetent," no longer able to speak for herself. But in
1987 a relative who had had little contact with her was able to get a
California court to issue an order requiring that she be starved to
death. Dr. Jay fought the order in the courts and in the press as long
as he was able, but he was overruled. If Dr. Jay had been able to
point to a Will to Live she had signed that specifically said she
would have wanted to be fed, his chances of saving her life would have
been much greater.
Remember, also, that you never know whether the
doctor you trust will be the one treating you when the decisions about
treatment are made. Usually, the doctors treating you when the
decision is made will be specialists, not your regular family doctor.
You could be on a trip, and have to be rushed to an unfamiliar
emergency room. Your own doctor could be on vacation. And since this
document might not be used until years from now, by that time the
doctor you know and trust may have retired or moved away. A Will to
Live will help protect you, whoever the doctor treating you may be.
I trust my own family. Do I really need a Will to
Live if I can depend on them to make health care decisions I would
want?
Having a Will to Live that specifically designates
someone you trust to make health care decisions for you, and going on
clearly to describe the treatment you want ensured, will greatly
strengthen the hands of those who battle to save your life when you
are not able to speak for yourself.
Helga Wanglie trusted her family, and when she was
unable to speak for herself, her husband and children fought hard to
make sure she would get the life-saving medical treatment she wanted.
But the Hennepin County Medical Center in Minneapolis went to a
Minnesota court to get a ruling that would replace her husband as her
guardian with another person willing to authorize denial of lifesaving
treatment. While there were other issues in the case (the hospital
argued that regardless of the patient's wishes, it had a right to deny
treatment), one of the hospital's claims was that, contrary to the
statements of her husband and children, Mrs. Wanglie's own wishes were
unclear. Mr. Wanglie prevailed in the court battle, but there is no
guarantee that the result will be the same in other court cases.
Why should my Will to Live name a "health care
agent?" Isn't it enough just to put down my wishes for treatment?
A nursing home study in the New England Journal
of Medicine found that 25% of the time advance directives were not
followed by the nursing home and medical staff. In almost three
quarters of those cases the patients were denied treatment they had
requested. The unfortunate fact is that when you cannot defend your
own rights, it is relatively easy for medical personnel to ignore
directions you have put down on paper unless there is somebody with
the authority and willingness to fight to make sure your wishes are
followed. By naming someone you trust to be your "health care
agent" when you cannot speak for yourself, you increase the
chance that your wish for treatment, food and water will be followed.
Both parts are important: You should name somebody
as your health care agent, to make it more likely your written wishes
will be followed. And you should put down your written wishes, to make
it more likely your agent's statements about what you would have
wanted are not questioned and challenged. The Will to Live provides
for both.
What if the person I name as my health care agent
isn't available when needed?
The person you name as your health care agent may be
on a trip when decisions have to be made. Or--if, for example, you
have named your spouse--the agent might be in the same accident that
causes your own disability. That is why the Will to Live allows you to
name alternate agents to serve if the primary person you name is
unable or unwilling to serve.
Can I just sign a copy of the Will to Live in this
handout?
No. Separate forms have been prepared for
each state to comply with the differing requirements of each state's
laws, such as the number of witnesses required, with the help of an
attorney licensed to practice in that state. You need to get a copy
of the Will to Live form for your state.
To do so, you need to use the Internet. If you
don’t have Internet access, you can get access for free at most
public libraries. If you’re uncomfortable using a computer, ask a
relative or friend to do it for you. |