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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. ---------------------------------------------------------------------------------------------------------- The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2009 by Feldmann, Nagel & Associates, LLC. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |