Explanation of a Living Will

• Living wills provide specific instructions on how to handle your medical treatment if you become unable to physically express those desires. They commonly come into play when you are in a coma or if you are no longer cognizant and can no longer make rational decisions. According to CaringInfo.org, the directive becomes effective when your physician determines that you are permanently unconscious or can no longer make medical decisions.
  
  

Issues with Living Wills Across State Lines

• State laws may vary as to what the terms used in the living will mean and how they are to be construed. According to CaringInfo.org, states may honor living wills if the form is substantially similar to that state's own laws. To be safe, CaringInfo.org suggests enacting living wills in states where you spend a majority of your time. A retired couple who spends half the year in Michigan and the other half in Florida, for example, can have living wills present in both states.
  
  

Creating a Living Will

• Living wills must be created according to state laws governing such documents. According to CaringInfo.org, the document is valid when it is signed in the presence of witnesses. A lawyer is not necessary for creating this document, however it is always a good idea to seek professional help prior to undertaking these types of actions. Pre made forms are available to use. Check with your attorney or your physician for a form that complies with your state's laws. Be cautious, however, as the form may contain vague language that may not provide enough guidance to the treating physician.
  
  

Other Concerns: Health Care Proxies

• Another issue concerns health care proxies. Often, a person will appoint a health care proxy or agent to make medical decisions for her when she becomes unable to make those decisions. Like living wills, the proxy form must be substantially similar to the law of that state in order for it to be honored (according to the New York Department of Health). Additionally, if the proxy lives in one state, but the declarant of the living will moved to another state, it may be hard for the proxy to visit and make medical decisions pursuant to the health care proxy.