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riontelN. and I had a discussion (for unpleasant family reasons) on our treatment options in case of ending up with a terminal illness or in a vegetative state. Turned out we had diametrically opposite preferences for end-of-life provisions. Which naturally lead to a discussion of living wills. I've heard about them but never really looked into the applicable laws, until now. Here is what I turned up:
- Most states have provisions for a living will. But strangely enough not Massachusetts or Michigan, so you better pick your health care proxy really well and make sure he knows exactly what you want and will abide by your wishes. You can still create a living will but nobody is obligated to take it into account, if I understood the law correctly.
- In a bunch of states (majority, I think) living will becomes invalid in case of pregnancy. Outrageous, in my opinion.
- There are states (very few) that don't require any witnesses for the will to be considered legal, some states require one or two witnesses (NY among them), and some states (Arizona, Nebraska, South Carolina and West Virginia) in a bit of an overkill require two witnesses and a notary.
- Even if the state requires notarization to create a will, not even witnesses are required to revoke it. Testator can just tell the physician that he no longer wants to use the living will and voila they will fight for your life till you die.
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no subject
Date: 2011-02-09 09:32 pm (UTC)no subject
Date: 2011-02-09 09:48 pm (UTC)1. The State of Massachusetts does not specifically have a Living Will or Advance Medical Directive statute. However, Massachusetts does have a statute allowing for the designation of a health care "proxy" who may make decisions on behalf of the maker should he or she become incapable of participating in his or her own health care decisions. (http://www.medlawplus.com/library/legal/states/massachusetts.tpl?page=lw)
2. All but three states - Massachusetts, Michigan and New York-have passed living will laws to protect a patient's right to refuse medical treatment. (http://www.massachusetts-wills.com/living_wills.html)
3. No provision for a living will. Two witnesses are required for a health care proxy. (http://estate.findlaw.com/estate-planning/living-wills/estate-planning-law-state-living-wills.html)
As far as I can tell, you can leave a will but it will not be binding and your proxy will have the final say in what's done to you. Did I get it all wrong?
no subject
Date: 2011-02-09 10:09 pm (UTC)no subject
Date: 2011-02-09 10:37 pm (UTC)no subject
Date: 2011-02-10 05:03 am (UTC)I don't dig wills. Just asking.
no subject
Date: 2011-02-10 05:10 am (UTC)no subject
Date: 2011-02-10 05:12 pm (UTC)no subject
Date: 2011-02-10 07:08 pm (UTC)My first question to you is whether this is a hypothetical question in multi-state advance directive drafting or a practical question on what to do.
If its first, then I am going to shut up and leave it to the theoretical people.
If you guys want to sit down with me and discuss how your individual wishes can be carried in the event you are incapacitated let me know and we'll find a mutually agreeable time and place.
In a nutshell, in New York there are two major options with several variations (health care proxy and living will). Each can be customized further for your particular preferences.
Disclaimer: this is not legal advice or attorney solicitations