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July 28, 2009

What Is a Living Will?

What you need to know about a living will.

Living Will refers to a legal document that states an individual’s medical decisions regarding the use of artificial life sustaining support systems. This is being used when an individual cannot speak for himself due to medical incapacitation. In simpler terms, it is a written request regarding the removal or use of artificial means in the event or accident or terminal illness.

A Living Will is a legal instrument that is notarized or witnessed. It is commonly known as power of attorney or advance directive in the legal field. It emphasizes the principal’s desire to live in case of accidents or illness using artificial or natural elements like food and water. Most living wills contain specific circumstances or conditions under which euthanasia or mercy killing can be performed.

Studies conducted in late 2004 confirmed that only 20% of the population had living will. However, this increase rapidly in early 2005 when the Terri Schiavo case was publicized. She had suffered extreme brain damage after cardiac arrest in 1990. She did not have a living will and that fact brought her husband and family into court to fight for her right to live. In March 18, 2005, Terri’s feeding tube was removed. She died 13 days later due to dehydration.

At the height of the case, it was reported that thousands of Americans requested information about a living will. Studies show that an average of 6,000 people had their living will drafted and notarized from 2004 until late 2005.

This case had played a major part in encouraging people from all walks of life to get this legal document regardless of health status or age. Many legal experts had argued that the Terri Schiavo case could have been avoided if her wishes were properly documented before suffering brain damage.

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