Settling up, state by state
Guidelines dictate structure of living wills

Scripps Howard Newspapers

To help people receive the care they want as their lives are ending, states recognize instructions such as "living wills" and allow people to designate "proxies" to speak for them. Living wills describe what medical treatment someone wants and doesn't want. A health care proxy (sometimes called a durable power of attorney for health care) identifies a person who can make treatment decisions if the patient cannot. These documents can be revised or revoked at any time.

Do you have a living will?
Yes
No

Each state has its own name for these forms, which are often called "advanced directives." States also have different requirements for making the documents legal. (Even in states where witnesses are not specifically required, it's a good idea to have witnesses sign these documents.)

Notes & Exceptions:

  • Some states also require an ombudsman to sign the form if the patient is in a hospital or health care facility. That's to protect the patient from overbearing relatives.
  • Most states won't let a pregnant woman be taken off life support. Other states don't address the issue with legislation. Some allow women to say on their living wills that they don't want life support if pregnant (Arizona, Maryland, New Jersey). Four states allow a health care proxy to withdraw life support if the patient is pregnant (Florida, Maryland, New Jersey and Wisconsin).