In North Carolina, a living will is also known as “Declaration of a Desire for a Natural Death.” A living will lets you make clear your choice in two particular situations regarding the use of "extraordinary means" to restore or sustain life at its end.. Your living will does not come into play unless you are unable to communicate with your physicians regarding your medical choices under specific circumstances.
North Carolina’s version of a living will addresses two specific medical conditions: terminal and incurable, or a persistent vegetative state. Your living will only activates if your physician(s) determine that you are either terminal and incurable or in a persistent vegetative state. If your physician(s) make that determination, then your choices regarding use of machinery and/or feeding tubes can be implemented.
Under each medical condition, you can just authorize withholding or stopping “extraordinary means” only. This means that you can indicate that you do not want to be kept alive on machines such as ventilators. However in addition to that, you can also authorize withholding or stopping “artificial nutrition and hydration” – i.e., feeding tubes. Again, neither of these choices would come into play unless you were not able to communicate with your physician, and your doctors had determined that you were either terminal and incurable or in a persistent vegetative state.
If you authorize the withholding or stopping extraordinary means and/or artificial nutrition and hydration, medications would continue to be administered to keep you comfortable. This is known as palliative or comfort care. Your direction regarding this or any other medical matter must be written to make clear your wishes at a time when you could not communicate them yourself.
Living wills must be signed by you in front of two witnesses and a notary. The witnesses cannot be related to you or heirs under your will. They cannot be a creditor nor a health care provider. A copy of your living will should be given to your doctor to be added to you patient records.
Living wills are not the same as a Do Not Resuscitate or a “DNR” order. A DNR order states that if an emergency situation arises, your health care providers are not to try to revive you. The types of emergency situations include a cardiac arrest (your heart stops beating) or if you have respiratory arrest (you stop breathing).
Living wills, like other planning documents, must be prepared now - when you don’t yet need them, and while you are still competent to execute legal papers. Living wills are a gift to your family and loved ones. Letting them know your wishes relieves them of the burden of guessing what you would have wanted under circumstances you cannot possibly predict today.
|