Hospice News
Do I Need a
Living Will? Questions and Answers
New Jersey -- Thanks to
medical innovations and new technologies, Americans are living
longer and healthier lives. In most cases technology
helps families stay together longer, but in some cases medical
machines are used to keep an individual alive long after
the mind and body have ceased to function naturally.
More than a decade ago, the United States Supreme Court
ruled that an individual has the constitutional right to
refuse medical treatment — even life-sustaining machines.
This same ruling endorsed the concept of a Living Will as
a method for clearly defining the wishes of an individual
to exercise the right to make his or her own medical decision.
The health care professionals of the Barnabas Health Hospice and Palliative Care Center, an affiliate of the Saint Barnabas
Health Care System, offer the following questions and answers
about Living Wills.
A Living Will is a written document that instructs your
family members and physician on the type of care you wish
to receive. Specifically, it indicates whether or not you
want life-prolonging medical procedures. A Health Care
Proxy designates whom you wish to make your medical decisions
for you, should you become incapacitated.
Living Will forms are available from many sources including
the following:
- The Barnabas Health Hospice and Palliative Care Center – 973-322-4810
- Hospitals, home health agencies, and nursing and rehabilitation
centers
- Family physician
- Family lawyer
- New Jersey Division on Aging
By law, all New Jersey hospitals must ask if you have a
Living Will and provide you with a Living Will form upon
admission. Why not be prepared in advance? Waiting until
a crisis situation arises to prepare a Living Will is not
advisable. Upon admission to a hospital, you could be unconscious
and physically unable to sign a Living Will, or you may not
be in a frame of mind where you can make a clear decision.
There are several benefits. A Living Will relieves
family members of the burden of making and agonizing over
life or death decision regarding prolonged medical treatment.
It also works so that your physician is not put in the position
of having to make important life and death decisions for
you. For example, if there are differences in opinion amongst
your family members regarding your care, your physician or
the court will be forced to make all decisions if no Living
Will is present.
No. A Living Will does not require the services of an attorney
as long as the document follows the proper formalities. However,
this is an evolving area of law and state statutes are subject
to change. To be assured that your Living Will conforms to
the most recent legislation, it is advisable to seek legal
counsel. A health care proxy does not require
an attorney just two witnesses.
Yes. To ensure that your wishes are known, give copies of
your Living Will to your physician for your medical file
and to a family member or close friend. Also, keep a copy
with your important papers. Don’t put a Living Will
in your safe deposit box where it is not easily accessible
to others. Some people carry a card in their wallet stating
where a signed Living Will can be located.
Yes. In fact, it is a good idea to review your Living Will
from time to time. That way, family members and your health
care providers know that the document still reflects your
wishes. Just make sure any changes you make comply with state
law.
While it is your constitutional right to make your own health
care decisions —including end-of-life decisions — that
right may be forfeited unless you make provisions beforehand.
A Living Will is one sure way to protect your rights.
As long as your document is drafted correctly, the law will
honor it. Your Living Will must be signed, dated and witnesses
by someone other than a relative, potential heir, health
care provider, or the person designated as your decision
maker. Certainly it is important to discuss your Living Will
with your family members. It is also important to share your
views on prolonged medical treatment. But keep in mind that,
ultimately, it’s your decision.
Established in 1981, the Barnabas Health Hospice and Palliative Care Center, located at 95 Old Short Hills Road in West Orange,
provides comprehensive care for patients with advanced illness,
and their families, throughout ten counties in the State
of New Jersey.
The Center supports inpatient units at Monmouth Medical
Center in Long Branch, and Newark Beth Israel Medical Center
in Newark, NJ, as well as Van Dyke Hospice and Palliative
Care Center at Community Medical Center in Toms River. It
also provides home care and services for individuals in nursing
and rehabilitation centers and assisted living facilities.
For more information about Barnabas Health Hospice and Palliative Care Center, an affiliate of the Saint Barnabas Health Care
System, please call 973-322-4800.
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