LIVING WILL DECLARATION
A living will declaration is
a written statement of a
person's wishes concerning
life-sustaining procedures to
prolong his or her life when
that person is in a terminal
condition. This is a condition
that is incurable or
irreversible and, without
life-sustaining procedures, will
result in death in a relatively
short time. The existence of a
terminal condition must be
confirmed by a physician other
than the attending physician.
In the living will, a person
states a desire that
life-sustaining procedures not
be administered to prolong life
if he or she is in a terminal
condition. The living will
directs the attending physician
to withhold or withdraw
procedures that merely prolong
the dying process and are not
necessary to the person's
comfort and freedom from pain.
Living will declarations
specifically are authorized by
Chapter 144A of the Code of
Iowa.
The law releases physicians
from civil and criminal
liability for complying with a
living will declaration. If a
physician is not willing to
comply, the law requires the
physician to take all reasonable
steps to transfer the patient to
another physician.
A living will declaration can
relieve family stress. By
expressing your wishes in
advance that you do not want
life-sustaining procedures used
if you are in a terminal
condition, you help family or
friends who might otherwise
struggle to decide on their own
what you would want done.
The living will obviously is
a personal decision. Some people
decide not to sign one, for a
variety of reasons. However, it
is prudent for everyone to
consider it when reviewing and
updating their wills and other
estate planning documents.
-- January 2, 2002.
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