What is a living will?

A living will is a type of advance directive that allows you to make decisions about your health care wishes in the event that you become incapacitated or otherwise unable to make decisions yourself. This document is typically used when individuals have health conditions that can rapidly change or may someday require medical treatments that they wish to refuse. In Kansas, a living will is referred to as a “Health Care Declaration.” Under Kansas law, a Health Care Declaration must be signed by the maker (the person writing the living will) in the presence of two witnesses or a notary public. The maker must be at least 18 years old and mentally competent at the time of signing. A Health Care Declaration allows you to express your wishes concerning the types of medical care you would want to receive or refuse in the event that you become terminally ill or permanently unconscious. Depending on your desires, this document may also authorize organ donations and funeral arrangements. It is important to note that a Health Care Declaration does not have the authority to override the decisions of your doctor or healthcare provider. Furthermore, if you have any questions or concerns about your legal rights or disability planning, you should consult an attorney.

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