Living Will Rights

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    Minimum Requirements

    • Each person has the right to create his own living will and dictate his preferences, as long as he can meet some minimum requirements: age and competency. Most states require that you must be at least 18 years of age, or an emancipated minor, before you can create a valid living will. An emancipated minor is someone whom the court has granted legal adulthood before the age of 18, typically as a result of getting married. You must also be of sound mind, meaning you're competent to make your own decisions, and able to understand the choices that you make.

    Additional Requirements

    • States have additional requirements for those who want a living will, besides being old enough and being capable of making competent decisions. All states require that living wills must be in writing. Further, some states require that living wills must be witnessed by other competent adults, or notarized by a licensed public notary. However, living wills are optional; no state requires its citizens to have a living will.

    Modification and Revocation

    • You have the right to change or revoke your living will at any time. As long as you're still competent and able to understand the choices you make, you can make any changes you desire, or get rid of the living will entirely. Even if you've created a living will, notarized it, had it witnessed and distributed it to your physician and attorney, you can revoke it simply by telling any interested party that it's no longer representative of your desires.

    Other Options

    • In addition to your right to make a living will, you also have the right to appoint someone else to convey your decisions, or make medical decisions on your behalf, if you're unable to do so. Alternately known as a durable power of attorney for health care, health care agents or health care proxies, these people have the legal authority to make decisions concerning your health care, when you're unable to do so.

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