Understanding Your Living Will

Is Your Living Will Compromising Your Safety? If you have a living will, you probably had it prepared so your wishes could be carried out if you became incapable of making your own medical decisions. But, did you realize there is a risk of your living will being misinterpreted? Patients who are not terminally ill die in hospitals every year because of medical staff misinterpretations of living wills. These are patients who would have otherwise lived if treated. But, too often, patients with living wills are treated as DNR--a code status understood by physicians and staff to mean "do not resuscitate." However, in many cases their status should have been "Full Code," which tells those in authority to use aggressive efforts to save patients' lives. Unfortunately, living wills do not contain patient code status designations and therein lies the problem. As an emergency room physician, Ferdinando L. Mirarchi, D.O. understands how these misinterpretations happen. In "Understanding Your Living Will," Dr. Mirarchi explains how to include lifesaving patient code status information in your living will and in the living wills of your loved ones. Among the questions he answers: - How can you be sure your living will makes your wishes clear? - What are the hidden dangers in living wills? - How can you avoid the misinterpretation of a DNR code status? - When does a living will become active? - Why is it important to have a health care power of attorney? - What is a health care proxy? A Book to Help You Ensure Your Living Will Follows Your Wishes

Take Control of Your Medical Care, Your Estate Planning, and the Legacy You Leave Includes checklists, examples, definitions, ideas, and a plain- English glossary of the terms you need to understand "Whether you are single, married, old, young, parent, or child, this book will be useful. The authors' combination of medical and legal expertise make this an exceptionally comprehensive guide for thinking through important health, end-of-life, and estate planning issues that we all face. It certainly helped me open a dialogue with my family and spurred me to take control of my own wants, wishes, and wills." -Cynthia J. Smith, Lecturer, Ohio State University, Fisher College of Business and Department of Anthropology "Over many years of helping patients and families deal with the end of their lives, I am always struck by how hard it is to face that inevitable event. Thinking straight when you can makes sense.Wants, Wishes, and Wills can help you do it now. Tomorrow is already here." -Deborah Y. Kamin, PhD, Senior Director of Cancer Policy and Clinical Affairs, American Society of Clinical Oncology ""Wants, Wishes, and Wills" is a 'must read' for anyone needing to access the U.S. health care system." -Vickie Yates Brown, President-Elect (2007-2008), American Bar Association Health Law Section "As you read the sound advice from Wynne Whitman and Dr. Shawn Glisson, think about your own life circumstances. Think about your family, friends-and yourself. Remember that thinking about its end may be the most eloquent way to celebrate your life." -from the foreword by Dr. Joseph S. Bailes, M.D., Medical Oncologist, Co-Chair, Government Relations Council, American Society of Clinical Oncology A terminal diagnosis...a life-threatening disease... recognition of one's own mortality...or simply planning ahead. These all lead individuals to contemplate difficult end-of-life decisions. But when they do, they find themselves confused, desperately seeking guidance: about Living Wills, about health care proxies, about their own care, wishes, and affairs. Dr. Shawn D. Glisson and Wynne A.Whitman, Esq., help people face these issues every day- Glisson as a respected oncologist, Whitman as an experienced estate lawyer. Now, they've come together to give readers all the tools they need to make the best decisions for themselves and their families. The authors provide compassionate, up-to-date, plain-English guidance you need to decide for yourself and stay in control of your life. Understand your choices and take control of them Know your options and make sure your decisions are respected Know the law-before it's too late Understand directives, health care proxies, Living Wills, and powers of attorney The authors answer questions such as: How can I make sure I get the best possible care to fight my disease? How do I prepare a Living Will that accurately expresses my views? Will alternative therapies help me? What should I know about hospice? What's the best way to plan my estate and minimize my taxes? Above all, how do I make sure my wishes are followed? Foreword Introduction Section I The Wants, Wishes, and Wills of Your Health and Medical Situation Chapter 1 Health and Medical Wants: Your Personal Health Care System 3 Chapter 2 Health and Medical Wishes: Providers, Facilities, and Programs 11 Chapter 3 Health and Medical Wills: Your Medical Conditions 33 Section II The Wants, Wishes, and Wills of Your Personal Situation Chapter 4 Personal Wants: Doctors and Dialogue 43 Chapter 5 Personal Wishes: Screening and Counseling 51 Chapter 6 Personal Wills: Drugs, Diets, and Devices 63 Section III The Wants, Wishes, and Wills of Your Medical-Legal Affairs Chapter 7 Medical-Legal Wants: Understanding Interventions 83 Chapter 8 Medical-Legal Wishes: Defining Capacity, Consciousness, and Contingencies 95 Chapter 9 Medical-Legal Wills: Directives, Definitions, and Discussions 111 Section IV The Wants, Wishes, and Wills of Your Selfless Contributions Chapter 10 Selfless Contribution Wants: Donating Time, Tissue, and Treatment Data 137 Chapter 11 Selfless Contribution Wishes: Individual Purpose, Production, and Protection 145 Chapter 12 Selfless Contribution Wills: Donation Requirements, Responsibilities, and Rights 153 Section V The Wants, Wishes, and Wills of Your Estate Planning Chapter 13 Estate Planning Wants: Purpose, Preparation, and Protection 161 Chapter 14 Estate Planning Wishes: Caring for Family, Friends, and Foundations 181 Chapter 15 Estate Planning Wills: Testaments, Trusts, and Other Tools 193 Section VI The Wants, Wishes, and Wills of Your Legacy Chapter 16 Legacy Wants: Providing Ideas, Intentions, and Instructions 219 Chapter 17 Legacy Wishes: Assisting Family, Friends, and Future Generations to Remember 233 Chapter 18 Legacy Wills: Your Safety, Your Rights, and Your Records 241 Conclusion 255 Additional Resources 261 Glossary 265 Index 279

Simple forms that protect and save money for you and your family. Admit it. You have been thinking about getting together all the documents you need to protect yourself and your family should something unexpected happen. But the thought of the time it would take and the amount of work involved has just seemed like too much. Not anymore. The Easy Will and Living Will Kit provides all the documents you need in one place. In just minutes, you can follow the simple steps it takes to prepare your will, living will and powers of attorney. Begin by choosing the will form that is right for you. Every form is ready-to-use and modifiable for your needs. Putting your affairs in order has never been easier.

For patients and their loved ones, no care decisions are more profound than those made near the end of life. Unfortunately, the experience of dying in the United States is often characterized by fragmented care, inadequate treatment of distressing symptoms, frequent transitions among care settings, and enormous care responsibilities for families. According to this report, the current health care system of rendering more intensive services than are necessary and desired by patients, and the lack of coordination among programs increases risks to patients and creates avoidable burdens on them and their families. Dying in America is a study of the current state of health care for persons of all ages who are nearing the end of life. Death is not a strictly medical event. Ideally, health care for those nearing the end of life harmonizes with social, psychological, and spiritual support. All people with advanced illnesses who may be approaching the end of life are entitled to access to high-quality, compassionate, evidence-based care, consistent with their wishes. Dying in America evaluates strategies to integrate care into a person- and family-centered, team-based framework, and makes recommendations to create a system that coordinates care and supports and respects the choices of patients and their families. The findings and recommendations of this report will address the needs of patients and their families and assist policy makers, clinicians and their educational and credentialing bodies, leaders of health care delivery and financing organizations, researchers, public and private funders, religious and community leaders, advocates of better care, journalists, and the public to provide the best care possible for people nearing the end of life.

The Complete Living Will Kit is a complete, easy-to-use guide to preparing your own living will without the expense of an attorney.

My Living Will is the story of former major league pitcher John Trautwein, and the unbelievable tragedy which befell him and his family when his fifteen-year-old son, Will, took his own life. There had been no warnings, no obvious signs of anxiety, depression, or unhappiness; nothing. A family and a community were left stunned as they pondered how a young man like Will Trautwein, a healthy, happy, popular, athletic, and musical teenager, who came from such a loving home, could lose the will to live. “John Trautwein writes straight from the heart. And his words will save lives. The story Trautwein shares in these pages––a remarkable journey of passion and purpose––will literally save lives.” • Jeffrey Marx, Pulitzer Prize winner and author of Season of Life “John Trautwein’s story inspires hope. It empowers people, and it gives its readers the ‘hope for life.’ The triumph that this story imparts arouses the goodness in everyone as it drives people toward action.” • Joe Girardi, Manager, The New York Yankees “In my twenty-two years of broadcasting, I have told many stories of triumph over tragedy, but the story of Will Trautwein and his family has stayed with me. The loss of such a vibrant young man and the strength of his family to use their heartache to help has had an impact on how I parent my daughter, and how I report stories of teenage depression and suicide. This is a must-read if you have a teenager in your life.” • Stephany Fisher, Anchor, CBS News, Atlanta “Ever wonder if a young person in your own home might be at risk? Read this book. In “My Living Will,” John Trautwein takes the emotions of loss and turns them into a message of awareness and hope. A must read for parents and teenagers alike!” • Dan Shaughnessy, The Boston Globe