Living Will

Depending on the state where you receive your care, pregnancy may affect a Living Will.

• In Alabama, Connecticut, Idaho, Indiana, Kansas, Kentucky, Missouri, Rhode Island, South Carolina, Texas, Utah, Washington, and Wisconsin, the Living Will shall have no effect if the person executing the Living Will is pregnant at the time of their terminal or irreversible condition. In other words, no matter the wishes stated in this Living Will, state law will prevent life-sustaining support from being withdrawn.
• In Alaska, Arkansas, Colorado, Delaware, Illinois, Iowa, Montana, Nebraska, Nevada, and Ohio, the Living Will shall have no effect if the person executing the Living Will is pregnant at the time of their terminal or irreversible condition AND the doctor believes that the fetus may be carried to term.
• If you have elected to receive life-sustaining treatment in New Hampshire, North Dakota, Pennsylvania, or South Dakota, pregnancy may cause life-sustaining treatment to be withheld if the life-sustaining treatment won't allow the fetus to develop to the point of live birth.
• If you have elected to not receive life-sustaining treatment in Michigan, pregnancy will invalidate your decision, as life-sustaining treatment cannot be withheld if that would result in death.
• If you live in any state not mentioned above, pregnancy will not affect the Living Will. 

A Living Will and an Advance Healthcare Directive both address the use of life support and other life-saving measures in the event of a life-threatening medical situation. However, an Advance Healthcare Directive also includes a section to appoint a Medical Power of Attorney who will make medical decisions on your behalf if you are unable to do so.

To be legally enforceable, a Living Will must be signed in the presence of two unbiased witnesses. Generally, it doesn't need a notarization to be valid, but using a notary ensures that no one challenges any signatures later and is a secure way to firmly establish the effectiveness of your document.

A Do Not Resuscitate order (DNR) is a request made by you to not have CPR performed if your heart stops beating or if you stop breathing. Hospitals will document DNRs in your record and will usually follow them even if CPR is likely to bring you back with a decent shot at recovery.

No. Your Living Will expresses your decisions about medical care. However, a medical practitioner is always free to refuse to honor your wishes.

While physicians have a legal duty to provide a standard of care, this usually doesn't include certain end-of-life treatments. Doctors may refuse to administer certain procedures based on the personal beliefs or policies of the facility where you are treated. This one reason why it's essential to consult your doctor when creating your Living Will.

There are no explicit requirements about who needs to be a part of drafting your Living Will. However, consulting your doctor about how comfortable they are honoring your Living Will is a good idea, and it can prevent any potential conflicts in the future. You may also consult an attorney to make sure the decisions you make in your Living Will are all compliant with state and local laws.

A Medical Power of Attorney establishes an agent to make decisions about your healthcare if you become incapacitated, whereas a Living Will expresses your personal wishes in advance.

At no point can an agent established by a Medical Power of Attorney override or countermand any of the provisions in your Living Will.

It's generally easier to create a new Living Will than it is to make changes to an old one. Collect and destroy all the signed copies of your outdated Living Will. Then, draft a new document updated to reflect your current wishes.

The laws governing your capacity to make decisions differ based on the jurisdiction where you receive care.

Typically, doctors will check if you can understand what they're telling you and the consequences of your decisions. Most states honor a doctor's judgment about whether you have the capacity to make healthcare decisions.

No. A Living Will only comes into play under very specific circumstances that you will decide when drafting it. Unless those circumstances come to pass, your summary decisions always take precedence over those in the Living Will.

No. There are some restrictions about who you can choose as a healthcare agent. There are also common-sense reasons why you should exclude certain individuals as healthcare agents.

Someone who is mentally incapable, under the age of 18, an operator of a healthcare facility in your community, non-relative employee at a healthcare facility, or your personal healthcare provider should not be your healthcare agent.