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A living will and testament is just as important as any other type of will.
The living will and testament is a type of advanced directive that
guides family members and the doctors to a sick individual know what
the person would prefer concerning his health care and treatment when
he is not able to make decisions for himself.
When people see the possibility of them at one time not being able
to make informed decisions concerning there health care, they design a
living will and statement. This allows them to choose someone they
trust and give them the responsibility of making these decisions for
them. The individual appointed has to be mentioned in the living will
and testament.
The law does not allow the person appointed on the living will and
testament to be a member of staff working in a medical institution
where the testator is admitted. However, if the member of staff can
prove that they are blood relatives or adopted members of the family,
they are allowed to stand in as the representative.
Even after the signing of the document by both parties, the
document will only take effect when the individual is proven by the
doctor' determination to be unfit to make health care decisions for
themselves. However, the individual still has a right to contest his
fitness in court. Before they are proven to be unable to make health
care decisions, they can revoke the whole document or change the
representative.
These forms are now easily available even on the internet for
individuals who are in need of these services. However, it is
important to seek legal advice as to what should be filled in the form
so as to bring out your intended instructions. General statements have
been known to cause debates. Statements like, "I want a procedure that
will sustain my life which should be discontinued incase I do not
improve in health," are an example of general statements with
ambiguous meanings and can be interpreted against what the testator
was trying to instruct.
Very specific statements can also be problematic. Writing this type
of will is very involving especially because it has to be updated from
time to time. The medical sector is very dynamic and so medical
services and equipments are always changing from time to time. This
should be considered and the will should be updated keeping this in
mind.
In the long run, there are still other factors that will come in
play to affect the instructions stated by the testator in the will
like: insurance coverage, financial expenses and the individual'
family religious beliefs.
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