A living will is a document that helps you prepare for an illness or injury that may leave you unable to make decisions for yourself. While this type of document—which is also referred to as a healthcare proxy—offers you a way to protect yourself, there are many misconceptions surrounding it. This guide dispels some common myths, so you’ll have a better understanding of this estate planning tool.

3 Misunderstandings About Living Wills

1. A Healthcare Proxy Is Necessary to Stop Treatment

While it’s common to believe that only a living will can grant the authority to a family member to stop your treatment, that’s not true. If there is no healthcare proxy in place, your family can discuss the issue and try to agree on what is right for you.

However, having a healthcare proxy in place appoints a single person to make that decision for you and eliminates the conflicts that may otherwise arise.

2. A “Do Not Resuscitate” Directive Is Always Included 

Just like a simple will, every healthcare proxy is tailored to the specific wishes of the person drafting the document. While many people do include a request to not be resuscitated, this doesn’t have to be included in your document.

You may want to ensure your family members allow your doctor to attempt every available treatment, and that request can also be included in your healthcare proxy.  

3. Your Doctor Will Have to Obey Your Healthcare Proxy

While this type of document is legally binding, doctors also follow their own code of ethics. If your healthcare proxy makes a request that your doctor finds medically unsound or inappropriate, the doctor can remove themselves as your health care provider.

Any health care provider who obeys the terms of your living will is also given immunity if the treatment has an undesired outcome. For these reasons, the terms of your living will should be discussed with your doctor ahead of time.

It’s important to obtain living wills and other legally binding documents from a service that has experience and is knowledgeable about the laws in your state. We The People of NY has been providing legal documents to customers throughout New York City since 2006, so they can rapidly help you create a legal document that meets your specific needs. To learn more about their services, visit their website or call (212) 633-2200.