mcrh.org
*Home>>>Patient Rights

What rights does a living will give a patient and what rights for the family?


Sadly, a family member is ill and important issues have arose; looking for good advice, suggestions & guidance. Makes me think about my own living trust and "what ifs" as a single mommy

First of all, living will and living trust are two different things. I think you mean living will here as in the title of your question (although in your question you typed "living trust").

In a living will, you can instruct healthcare professionals as to what kind of treatment you wish to receive (or not receive) in case you cannot communicate effectively (ie. unable to talk, unable to hear, in a coma, or mentally unable to decide for yourself.) And you also designate a person/people (your parent, spouse, trusted friend, doctor....) to decide the kind of medical treatment for you in situations that were not specified/anticipated at the time the living will was made. If you don't have a living will, most hospitals now give you a "healthcare directives" when you are about to have an operation so that in case you are not waking up from anesthesia, they would know what kind of medical treatment you wish or whom you designated to make that decision for you.

(living trust on the other hand is like a will (not living will), but you arrange a person or yourself(trustee) to hold the property you want to pass on someone whom you want to inherit the property (beneficiary). The property would be on the trustee's possession while you are still alive (that's why it's called living trust). while in a will, the property only passes on after your death.

For the patient it gives them the peace of mind to know that if the request no feeding tube or whatever it will be honored. The family has no rights unless the doc declares that the patient cannot make decisions for himself then he and and another doc will activate the POA on the document. That person then takes over making decisions for the ill person but the living will is still honored.

I don't know all the legal issues, but I know a living trust is much better than JUST a will. My mom had both and passed last July.
If she hadn't had the living trust, we would have had a lot more drama with getting her estate straightened out.
I would consult a good attorney who speciallizes in this type of thing, for the relative AND for you.

The best thing you can to is to get a durable power of attorney for health care, naming the person you want to make decisions for you if you are unable. Living wills, in my opinion, leave too much power in the hands of family who may or may not do what it says. It is best to have one person, whom you have discussed all of this with, making the decision. People are not always rational when their loved ones are sick, and I have seen too many people suffer because of the selfishness of their family. "What will I do without my (mother, father, brother etc)?" Instead of "What did the patient want?"

A living will simply states that the patient doesn't wish for any extra measure of life support. When a person has a living will a do not resuscitate order is put on there chart in the hospital and when they pass away the medical staff are to make them comfortable but not bring them back to life with measures like CPR or life support. As for the family the only benefit is that they don't have to make that call when the time comes. Which really takes a load off the family. As for you as a single mom you would only need a living will if you were old. You should think about a will and who is to take charge of your child or children if something were to happen to you. Life insurance is also something that you should take out and be careful about who you choose as your children's guardian and that person should be the beneficiary of the insurance since they will be financially responsible for your kids welfare and your funeral expenses. Good luck with this it is important don't put it off.

A living will advises you family of your wishes if you were to become unable to make them by yourself. This is not taken lightly by the medical community, It is used in a case of life and death. For example: If a patient comes in and has had a stroke and is unable to eat or drink. The the doctor wants to put a feeding tube down. He asks is there a living will. If this patient made a statement that their wish is not to have any tube placed in their body. Well, the ultimate decision is up to the family, However if it were me I would stand by my loved ones request. The living will can also include life support, giving blood products. There are available at your Doctors office you should pick on up and read it. Since you are single I would choose a close member of my family to sign, let that person know your wishes, Its best to decided now while you are young and healthy. I have seen family tell the Doctors to save there loved one no matter what. I have seen children all the way up to elderly people who were vegetable. they did not know they were in the world. But they were still breathing and that is all the quality of life they have.

when a person with a living will is doing then that person signs the living will is doing is saying if that person does not want medical services so he or she has an incurable diseaseand does not want any medicines or procedure that warrents life saving in a critical situation

Tags
  Peptic Ulcer   Penis Disorders   Penile Disorders   Pelvic   Pediatrics   Peanut Allergy   Patient Rights   Paternity Testing   Patella   Parkinson Disease   Parenting   Parathyroid Disorders   Parasitic Diseases
Related information
  • Doctor let patient run out of morphine, legal rights?

    She could probably take it to court and win, depending on the state, but at the moment it would be pointless, a lot of effort for what comes out of it. I would find a new doctor or ask for a referr...

  • In healthcare, how are a patient's rights balanced with scarce resources?

    The one who is in worse condition. You can't decide who has a better chance of living the 49yr old could be a crack addict and die of an overdose tomorrow. Yes both Dr.s have a say but the one...

  • What rights does a patient have in a coma state?

    Well it is kind of a slippery sloap and every case in different. If a patient has a living will, the medical team will have to follow the wishes that the person outlined in that will. If the wish...

  • National Patient's Bill of Rights?

    It's like crossing the street. A pedestrian has the right of way, however, the law doesn't actually protect you in any way from potentially being hit. Likewise, when receiving health ...

  • Where can I purchase JCAHO/OSHA handbooks. i.e. Universal Precautions, Patient Rights, AIDS, HEP B, etc.?

    The US Government in DC has a place just for that. You can purchase these books ( at a very low cost ) or free.

    ...
  • Does a patient have any rights in decisions about their healthcare anymore?

    Well, it could be that they are afraid that u do not have the pain tolerance u say u have.. And to do the procedure right and not to keep you in so much pain so long they try to give you something ...

  • What are a patients rights in obtaining a copy of lab reports from a private physician without another appt?

    Tell her to use the phrase "HIPAA VIOLATION" when she demands her records on the next call. That ought to light a fire under them. The most they can ask of her is a minimal administrative...

  • What are the patients' rights when their brain is dead?

    hopefully that person thought ahead and filled out a living will, in that will instructions are given for this sort of dilema, the patient basically has no rights, therefore, the living will, usual...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster