Despite its name, a Living Will is not a "will" in the
traditional sense. Although the term Living Will may
indicate that it is a will, in reality, it is more
similar to a Power of Attorney ("POA") than a will.
The Living Will is designed to address healthcare
issue while wills and trusts deal with financial and
legal issues. A Living Will is not a substitute for
a will, nor is a will a substitute for a Living
Will. The purpose of a Living Will is to allow you
to make decisions about life support and directs
others to implement your desires in that regard.
Generally, a Living Will directs medical and
healthcare personnel to not make attempts to prolong
your life should you become permanently
incapacitated or in a terminal and incurable state.
In North Carolina, the Right to a Natural Death Act
says you can execute a Living Will and it will be
honored by the healthcare personnel taking care of
you. If you do not have a Living Will and you are
unable to make your medical decisions, someone else
must decide for you. Before life support treatment
can be withheld or withdrawn, two doctors must agree
in writing that you are terminally and incurably ill
or in a persistent vegetative state. Then,
extraordinary means or artificial nutrition or
hydration may be withheld or stopped with the
permission of:
1)
your guardian,
2) your healthcare agent,
3) your spouse, or
4) the majority of your parents and
children, if available
Creating and executing a Living Will gives you power and
control over the healthcare services you receive and
expresses your desire to be treated in the event of
incapacitating injury.
