A living will, also known as an advance directive, is a legal document that outlines a person’s wishes regarding their medical care if they become unable to communicate their decisions due to illness or incapacity. 

Here, people can specify their preferences about life-sustaining treatments and voice their desires regarding pain management and comfort care.

The purpose of a living will is to ensure that a person’s wishes are respected and carried out if they cannot make decisions about their own care. 

It provides a clear guide for healthcare providers and family members. This, in turn, reduces the potential for conflict or disagreement about what treatments should be pursued.

It’s important to note that a living will does not cover every possible medical situation. 

For example, it doesn’t typically address issues related to mental health or end-of-life care in a nursing home. 

For these reasons, it’s often paired with a durable power of attorney for healthcare, which appoints a trusted individual to make decisions on the person’s behalf when they cannot.

The living will is crucial to estate planning and personal healthcare decision-making. It gives people control over their medical care and provides clarity for their loved ones in challenging times.

The Importance of Having a Living Will

You might be thinking: why should I bother just yet getting a living will together?

Well, anyone can benefit from having a living will, but it’s especially important for those with serious medical conditions, advanced age, or a family history of certain diseases.

While there’s no specific age at which you should get a will, it’s generally recommended to start considering it once you reach adulthood, especially when you’ve achieved certain life milestones.

If you own property, have children, are getting married, are starting a family, or own a business, a will is a good idea.

A living will allows you to preserve your autonomy, ensuring that your values and beliefs, not just those of your healthcare providers or family members, guide your treatment.

Knowing that your wishes will be respected and carried out can provide peace of mind for you and your loved ones.

The Key Components of a Living Will

The identification section includes personal information such as your name, address, and the date the document is signed.

Next, the declaration section is where you state that you are of sound mind and able to make decisions about your future medical care.

Then, you describe the condition that would trigger the use of your living will, such as a terminal illness or a state of irreversible unconsciousness.

Next is the statement of desires. This is the most important part of the living will. Here, you outline your wishes regarding your medical care, including whether you want life-sustaining treatments, artificial nutrition and hydration, and pain management.

The living will must be signed by witnesses or a notary, and their information should be included in the document. Some states require notarisation, while others require witnesses.

The revocation section lets you specify how and when to revoke your living will. For example, you might state that you can change your mind at any time and inform your healthcare provider orally or in writing.

The living will end with an acknowledgements section, a statement that you have read and understood the document, and that it is being signed voluntarily.

Legal Considerations

After you’ve created your living will, you should give a copy to your healthcare provider and your family. 

Discussing your wishes with your family and any healthcare providers involved in your care is also a good idea.

Can you change it? Yes. You can alter or revoke your living will at any time as long as you are capable of making informed decisions.

While your living will is a legal document, it also contains personal and potentially sensitive information. 

It’s important to store it in a safe place and share it only with those who need to know.

Once you have a living will, your healthcare providers must legally respect your wishes as outlined in the document. 

However, they must also discuss your condition and treatment options with you or your appointed health care proxy.

Creating a living will in New Zealand involves several legal considerations. Understanding these considerations is important to ensure your living will is legally valid and effectively communicates your wishes.

Remember, a will is a personal document reflecting your circumstances and wishes. 

There’s no “one size fits all” answer, so it’s important to consider your situation and consult a legal professional if you’re unsure.