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Your Living Will from Simply Free Legal

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    Please note that some states invalidate a Living Will made while pregnant. If you are pregnant, please consult your state's laws or an estate-planning attorney.

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    The next question will ask you whether you want to include a Power of Attorney for Health Care in addition to your Living Will. A Living Will states your health care preferences and instructions only after you become terminally ill or permanently incapacitated. A Power of Attorney for Health Care allows you to appoint someone to make health care decisions on your behalf, and can take effect immediately or whenever else you specify. Selecting "yes" in the following question will include basic Power of Attorney for Health Care provisions. If you want to specify more detailed instructions for your health care agent, please select "no" here and create a separate Power of Attorney for Health Care document.

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    Okay, the next few questions will ask you to appoint a health care agent and at least one alternate agent. Generally, your health care agent must be at least 18 years old. If you live in Alabama or Nebraska, your agent must be at least 19 years old. If you live in Colorado, your agent must be at least 21 years old. Further, many state laws prevent your physician or health care provider from being your agent. Please consult with an estate-planning attorney for more information specific to your state of residence. Be sure to provide your agent's contact information so that your agent may be contacted promptly.

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    The next question will ask when your agent's authority should start. You can choose "immediately," "only if I become temporarily or permanently incapable of making my own health care decisions," or "other." If you choose "other," you will be asked to write-in a response.

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    Your agent will be authorized to make all health care decisions on your behalf to the same extent you could, unless you specifically limit your agent's authority. The next question will ask whether you would like to do so. You can, for example, write that your agent does not have the authority to withdraw artificial nutrition and hydration if doing so would hasten your death.

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    Your agent will also be authorized to make anatomical gifts (i.e., donate your organs), authorize an autopsy, and direct the disposition of your remains (i.e., choose to bury or cremate you), unless you specifically limit your agent's authority. The next question will ask whether you would like to do so. If your Last Will & Testament states your instructions regarding your remains and any funeral or memorial service, consider selecting "yes" in the next question and writing "Please follow the instructions I've left in my Last Will & Testament regarding my remains and final services" in the question after that. This is because your Last Will may not be read until a few days after your death, whereas your Living Will should be read as soon as you sign it.

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    Okay, the next few questions will ask you about your health care preferences and instructions.

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    Please remember that a Living Will is not the same thing as a DNR, or a Do-Not-Resuscitate Order. A DNR is an order signed by a doctor that says the patient does not want to be resuscitated or revived. For example, with a DNR, you will not receive CPR if you stop breathing. A DNR may be appropriate if quality of life is low. Please consult with your medical provider.

    Your Living Will can state that you want a DNR, but you will need to show your Living Will to a medical provider in order to obtain a DNR and a bracelet that informs emergency medical personnel not to revive you.

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    First, we will ask you whether you would want your life to be prolonged "no matter what"--i.e., if you become permanently incapacitated. Your state may have laws that would govern your care in this scenario unless you state your preferences. Please review your state's laws or consult with a health care attorney. If you do want your life to be prolonged in the event of incapacitation, such treatment must still be within generally accepted health care standards.

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    By default, your Living Will states that you want pain-relieving treatment to be provided even if it hastens your death. If you want to change this instruction, please select "yes" in the next question.

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    The next question will ask you about what you would want to have happen if you are pregnant and become permanently incapacitated. You will be asked whether you would want life-sustaining treatment to continue to be applied if it is medically possible for the fetus to develop to the point of live birth with such treatment. Remember, some states invalidate a Living Will made while pregnant. If you are pregnant, please consult your state's laws or an estate-planning attorney.

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    The next question will ask you if you want to name an alternate primary physician. This can be useful if the primary physician you listed is unable, unwilling, or unavailable to act.

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    The next question will ask you if you want to name an alternate specialist physician. This can be useful if the specialist you listed is unable, unwilling, or unavailable to act.

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