Use of a Living Will

A Living Will , "a/k/a" Advanced Medical Directive, is a statutory form whereby you tell your medical professionals not to use artificial means to keep you alive if you are terminally ill. Your right to make medical care decisions includes giving "advance directives" which include written instructions concerning your wishes about your medical treatment. The Living Will allows you to specify what should be done about life-sustaining procedures if, in the future, your death from a terminal condition is imminent despite the application of life-sustaining procedures or you are in a persistent vegetative state. Many states honor these declarations as to medical and surgical treatment, Colorado being one of them. The form needs to be signed before a notary and two witnesses with attestations made as reflected on the Living Will form contained in this website. At a minimum, seven days must elapse (See provision 1.b. on the form).

Ms. Terri Schiavo did not have a Living Will, therefore, the Florida state legislature statutory law applied, whereby a priority of "custodians" are appointed to make the ultimate decision whether to "pull the plug." There, the statutory presumption is that a spouse is given superior priority to make such medical decisions. Parents are next in line. In Colorado, however, the courts have discretion to priority appointment for any "interested person." See reference to pertinent Colorado statutes.

A Living Will may be revoked or changed at any time the Declarant is of sound mind and not under constraint or undue influence.

Remember: Keep the document in a place available for access to your family and medical professionals. Think about forwarding a copy to those individuals.

It's generally estimated that four out of five Americans do not have a living will or any other written health care or end-of-life directive to help their families make decisions for them if they become incapacitated. Health care and end-of-life advance planning, if done right, accomplishes four things:

1) Insures that the person you want to speak for you has the legal authority to do so.
2) Helps ensure that your wishes about your health care are known and respected.
3) Avoids unnecessary, intrusive, and costly medical treatment at the point you no longer want it.
4) Reduces the suffering experienced by your loved ones, because they will have your guidance.