Understanding a Directive to Physicians (Living Will): What It Is and Why It Matters

When planning for the future, one critical document you may encounter is the Directive to Physicians, often called a Living Will. Despite its name, a living will is not an actual will—it’s a legal document that provides instructions about your medical care if you’re unable to communicate your wishes.

This document is commonly confused with a Do Not Resuscitate (DNR) Order, but the two serve very different purposes. Let’s break them down and explore why a Directive to Physicians is an essential part of your estate plan.

What is a Directive to Physicians (Living Will)?

A Directive to Physicians specifies whether you want to continue or discontinue life-sustaining treatment if you’re in one of the following conditions:

1. Terminal Condition: This means that, even with the best available medical technology, you are expected to pass away within six months. Additionally, an ethical committee at the hospital must confirm that there are no viable options to save your life.

2. Irreversible Condition: In this case, you may live longer than six months, but your quality of life would remain severely compromised, and recovery is not possible.

   
   

In both scenarios, the directive allows you to choose between:

• Continuing Life-Sustaining Treatments: Opting for every possible measure to keep you alive, regardless of cost or likelihood of recovery.

• Discontinuing Life-Sustaining Treatments: Choosing to cease treatments except those aimed at keeping you comfortable, such as pain management.

How is a Directive to Physicians Different from a DNR?

A Do Not Resuscitate (DNR) Order is a separate document created with your doctor, often when you’ve made the decision not to be revived if your heart stops or if you stop breathing. It typically reflects a desire to avoid prolonged suffering in cases of severe pain or terminal illness.

By contrast, a Directive to Physicians focuses on broader end-of-life care decisions and whether to pursue or halt life-sustaining treatments under specific conditions.

Why is a Directive to Physicians Important?

1. Clarity for Your Loved Ones: End-of-life medical decisions can be emotionally and financially overwhelming for family members. A Directive to Physicians ensures your wishes are clear, relieving your loved ones of the burden of making these decisions on your behalf.

2. Cost Management: Medical care at the end of life can be extremely expensive, particularly if you opt for prolonged treatments that offer little chance of recovery. A Directive to Physicians allows you to consider these factors in advance.

3. Changing Technology: Medical advancements occur daily, offering new treatments and possibilities. Some individuals may want to remain alive in the hope of benefiting from future innovations, while others may prefer to avoid prolonging life in a diminished state. This document helps ensure your preferences are respected.

How to Create a Directive to Physicians

1. Reflect on Your Wishes: Carefully consider what you would want if you were in a terminal or irreversible condition. Think about your values, quality of life, and the potential impact on your family.

2. Consult with an Attorney: Although this document can sometimes be created without legal counsel, it’s advisable to work with an estate planning attorney to ensure it’s properly drafted and executed according to your state’s laws.

3. Discuss with Loved Ones: Share your wishes with family members and healthcare providers so they understand your decisions and are prepared to follow them.

Final Thoughts

A Directive to Physicians is a deeply personal document that requires thoughtful consideration. It allows you to take control of your end-of-life care, ensuring your wishes are respected while providing peace of mind for your family.

Whether you choose to continue life-sustaining treatments or opt to discontinue them, it’s important to document your decision clearly and correctly. Consult an experienced attorney to guide you through the process and ensure this critical piece of your estate plan is in place.