What Is A Living Will?
Posted By Irene C. Olszewski, Esq. on May 23, 2011
A “Document Concerning Health Care and Withholding or Withdrawal of Life Support Systems” (often referred to as a “Living Will”) is a document that allows you to choose, among other health care decisions, which life support measures you wish to have administered if your medical situation warrants it.
For example, you may choose to accept or reject CPR, Artificial Respiration, Artificial means of Nutrition & Hydration and other life support measures.
Connecticut Public Act 06-195 made some important revisions to the previous statutory sections concerning advance directives. Those changes, effective October 1, 2006, effect statutory definitions as well as other factors.
PA-06-195 sec. 65, amending C.G.S. 19a-575, reads, in pertinent part:
“Any person eighteen years of age or older may execute a document that contains directions as to any aspect of health care, including the withholding or withdrawal of life support systems. Such document shall be signed and dated by the maker with at least two witnesses . . .”. (emphasis added).
Under PA-06-195 sec. 70, amending C.G.S. 19a-579, a Living Will becomes operative when:
The document is given to the attending physician, and the maker (you) is determined by the attending physician to be incapacitated.
PA-06-195 sec. 71, amending C.G.S. 19a-579a, provides that:
A Living Will may be revoked at any time and in any manner by the maker (you), without regard for the maker’s mental or physical condition. Your attending physician shall make your revocation part of your medical record.
In the wake of the Terri Schiavo case (in which a Florida woman who had not executed a Living Will was sustained on life support systems until the Courts determined what Schiavo’s wishes would have been regarding life-prolonging procedures), the need for a Living Will (Advance Directives) can not be over-emphasized.
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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.
copyright 2011 Irene C. Olszewski
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I remember when the Terri Schiavo case was all over the news. My sister had just been diagnosed with terminal cancer. After watching all the news footage on the Schiavo case, everyone in my family had a Living Will drawn up. We had to use it when my sister was nearing the end of her life. I’m glad we took it seriously and I hope all of your readers will think about that in advance.