LIVING WILL INFORMATION

A Living Will, also known as a Declaration of a Desire for a Natural Death, is a legal instrument that indicates in writing the choices you wish made concerning life-sustaining (life-prolonging) treatment at a time of severe illness. It communicates your desire to experience a natural death. This document will allow you some control over the health care decisions made on your behalf at a time when you are unable to make those decisions.

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-320.html 3-3-2005

Definitions:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-321.html 3-3-2005

Illness: The Living Will specifically indicates that the document is to take effect if you are in a:

  1. terminal or incurable state (i.e. possibly cancer or Aids) or http://www.ncbar.org/public/publications/pamphlets/livwil04.pdf 3-2-2005
  2. persistent vegetative state (i.e. possibly in a coma after an accident)
    "Persistent vegetative state" is a medical condition whereby in the judgment of the attending physician the patient suffers from a sustained complete loss of self-aware cognition and, without the use of extraordinary means or artificial nutrition or hydration, will succumb to death within a short period of time" (N.C.G.S. ¤90-321(a)(4)).

This Living Will only applies when the above conditions exist.

Treatment: The Living Will further states that you give the doctor permission to withhold or discontinue "extraordinary means of treatment" , i.e. respirator.

"Extraordinary means" is defined as any medical procedure or intervention which in the judgment of the attending physician would serve only to postpone artificially the moment of death by sustaining, restoring, or supplanting a vital function" (N.C.G.S. ¤90-321(a)(2)).

The Living Will further states that you may agree to allow the doctor to discontinue artificial nutrition and/or hydration . This generally means receiving food and fluids by means of tubes. Artificial nutrition and hydration are not considered extraordinary means and those things will continue unless otherwise specified.

It is strongly suggested that you discuss with a physician the meaning of the medical terms in this Living Will as well as the types of treatment you may wish to receive. There may be some treatments that you would wish to receive that are not intrusive, but which allow for your comfort, i.e. painkillers.

Requirements : In order for the Living Will to be legally binding, it must be signed in the presence of two witnesses who are:

Storage: Copies of your Living Will should be given to your doctor(s), family members and attorney. It is strongly suggested that the original copy be kept where it can easily be retrieved. Therefore, it is not suggested that you keep the original in a safe deposit box.

It is also suggested that a card or some type of notation be kept in your wallet as to the existence of this document and where it can be found. You are strongly encouraged to discuss your decision with your family and your doctor(s) to make sure your wishes are known and understood before the need arises.

A Living Will has no bearing on the disposition of property, either real or personal, at the time of death.

http://www.ncbar.org/public/publications/pamphlets/livwil04.pdf 3-2-2005

North Carolina Bar Association

Procedures in the Absence of a Formal declaration:

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-322.html 3-3-2005

This is general information about Living Wills and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law