What is a living will?

A living will is a legal document that outlines what medical care a person wants to receive—or not receive—should they be unable to communicate their wishes in the future. In Virginia, a living will states the person’s wishes regarding their healthcare in the event of terminal illness, an end-stage condition, or a serious, irreversible injury. It can also address the issue of organ and/or tissue donation if desired. A living will is also known as an advance directive or an advance medical directive. It can include very specific instructions, such as whether or not the person wishes to receive life-sustaining treatments if they have an incurable or irreversible medical condition. The document can also include general wishes regarding medical care, such as whether or not the person wants heroic measures taken to prolong their life. Living wills are designed to eliminate the need for family members and health care providers to guess what the person would want done if they are unable to express their wishes. It can also save family members from having to make tough medical decisions on the patient’s behalf. Living wills allow individuals to exercise their rights by voicing their wishes about their medical care in advance. The document must meet all the legal requirements and be signed by two witnesses in order to be legally binding in Virginia. It is also recommended that the document be kept in a safe place and copies be given to the person’s health care providers and designated family or legal representatives.

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