However, the legislation has not produced the impact its proponents had once hoped for. Besides the problem of language ambiguity, living wills are also quite frequently contested by family members due to a reluctance in letting a family member die not of natural causes, but by the termination of treatment. Physicians are greatly influenced by family members, in that the family are ultimately the persons consulted with respect to the wishes of the patient. This may render it difficult for the physician to remain unbiased and treatment wishes of the patient difficult to obtain. It is for these reasons a distinct format in providing a living will is advocated by health care professionals as well as attorneys.
Living wills can take on many different formats.
As written, statements such as these can be easily manipulated and widely interpreted, subsequently hampering the ultimate execution of a living will in the event of incapacitation. Therefore, alternatives have been proposed to minimize this ambiguity. This agent assumes the responsibility for making decisions for an individual in the event of incapacitation. Statues regarding DPOA vary from state to state and should be thoroughly investigated prior to appointing an agent. It is believed that by appointing an agent to act in the interests of the patient and granting them Durable Power of Attorney, an individual will have their wishes carried out with the least amount of difficulty.