In such circumstances, personal preferences can be respected without the need for court-appointed guardians. This pamphlet explains how your lawyer can help you plan ahead by using living wills and powers of attorney. It also discusses guardianship procedures and the advantage of using powers of attorney to avoid them. The laws of every state allow individuals to use living wills to direct health care providers on the use or withholding of life-sustaining medical treatment. Should an individual be incapable of stating his or her wishes at the time such major life decisions must be made, the living will specifies these wishes.
Some people think that living wills can only be used to limit the use of life-prolonging treatment.
However, these documents can also be used to direct health care providers to administer all available medical treatment, even experimental procedures. A living will can help your loved ones avoid family discord or even a lawsuit over medical care. The law ordinarily requires health care providers to follow the directives of a valid living will, even if they conflict with medical advice or the wishes of family members. Without a living will, disagreements among medical care providers or family members can result in costly legal battles over proper treatment. Your lawyer can help you prepare a living will that includes the specific instructions you want.