What Is The Main Disadvantage Of A Living Will?

Discover the main drawback of living wills: potential ambiguity in complex medical situations and legal oversights. Learn how to navigate these challenges effectively.

What Is The Main Disadvantage Of A Living Will?

Living wills, often known as advance health care directives, are documents that enable you to communicate your choices about medical treatment in situations where you might be unable to express your decisions. Although living wills provide a detailed guideline on your medical preferences, especially in critical and terminal situations, they come with their own set of challenges. This article will focus on understanding the primary disadvantage of a living will within the legal framework of Utah.

Introduction to Living Wills

In Utah, a living will forms part of an advance health care directive. It sets the terms for medical treatment should you be incapacitated and unable to state your wishes. Created under the Utah Advance Health Care Directive Act (UCA Title 75, Chapter 2a), living wills direct healthcare providers regarding life-sustaining treatment preferences.

Here is an example to illustrate the point further: Imagine you are in a severe accident and fall into a coma. Your living will can instruct the healthcare providers whether you would prefer to receive artificial life support, resuscitation, and other critical decisions about your medical treatment during this period. Such legal documents can undoubtedly bring peace of mind for individuals wishing to ensure their health care choices are respected.

Check out this video to learn more about creating a living will:

Understanding the Main Disadvantage

While living wills are beneficial, several disadvantages come with them. One of the primary disadvantages is the potential for ambiguity. Medical situations are often complex, and a living will might not cover every possible scenario, leading to confusion and potential disputes among family members and healthcare professionals.

Ambiguity In Medical Situations

Medical conditions can be unpredictable and multifaceted. A living will might not be able to account for every specific scenario or detail, leading to misunderstandings or misinterpretations of your wishes. For instance, you may have expressed a wish not to be kept alive on a respirator. Still, if a new technological treatment becomes available that the document doesn’t specifically address, it could lead to ambiguity regarding your true desires.

Take the fictional case of Jane Doe from Salt Lake City. Jane, a resident of Salt Lake County, had a living will that indicated she did not want any life-supporting measures if she was terminally ill. However, after an accident, she was diagnosed with a condition not explicitly mentioned in her living will, causing family disputes about her care and leading to court intervention to interpret her wishes.

Legal Oversights and Challenges

Another significant disadvantage is legal oversights. In Utah, a living will must meet specific statutory requirements to be valid. According to Utah Code Title 75, Chapter 2a, certain language and formal procedures must be followed. If your document doesn’t comply with these requirements, it could be deemed invalid. This might leave your medical decisions in the hands of someone you did not intend to have that power.

Disputes Among Family Members

Even with a living will in place, disputes among family members can arise. Family members may have differing opinions about your stated wishes or believe that your circumstances have changed since you created the document. This can lead to heated arguments and legal battles, further complicating the medical decision-making process during an already stressful time.

Consider the real-life scenario involving the Terri Schiavo case, though not in Utah, it showcases the potential challenges. Terri’s living will was contested by her husband and parents, leading to a prolonged legal battle about her end-of-life care. Similar disputes can occur in Utah, especially if family members hold different beliefs about what constitutes appropriate care.

Execution and Witnessing Requirements

Utah law requires that a living will be executed with certain formalities. The document must be signed in the presence of two witnesses or acknowledged before a notary public. Failure to comply with these formalities can invalidate the living will (UCA 75–2a-105). Imagine crafting a detailed living will only for it to be useless because it wasn’t properly witnessed. These procedural missteps can lead to significant issues when the document is needed most.

Specific Requirements and Complex Medical Language

Living wills often contain complex medical terminology that might be difficult for a layperson to understand. Furthermore, if the document is not updated regularly to reflect your changing health conditions and medical advancements, it can become outdated and ineffective.

Misconceptions About Living Wills

It’s common for individuals to have misconceptions about what a living will can and cannot do. Here are some common myths:

• Myth: A living will covers all scenarios.
• Reality: It is nearly impossible to document every possible medical scenario in a living will.
• Myth: Healthcare providers must follow the living will to the letter.
• Reality: Ambiguous or outdated directives can lead to healthcare providers making judgment calls that may not align with your actual wishes.

Practical Applications and Tips

Understanding the potential disadvantages of a living will can help you navigate these challenges more effectively. Here are some actionable insights:

• Consult an Estate Planning Lawyer: An estate planning lawyer can draft a comprehensive living will that considers the nuances of Utah law. Consult a knowledgeable estate planning lawyer here.
• Communicate With Family Members: Make sure your family understands your wishes and the reasoning behind them. This communication can help mitigate disputes down the line.
• Regularly Update Your Documents: As your health condition or medical advances change, ensure your living will is updated to reflect your current wishes.
• Consider Other Legal Instruments: In addition to a living will, consider other documents like a durable power of attorney for healthcare which can provide more comprehensive coverage for medical decision-making.

Frequently Asked Questions

1. Can I revoke or change my living will in Utah?

Yes, you can revoke or modify your living will at any time as long as you are mentally competent. According to UCA Title 75, Chapter 2a, a living will can be revoked by a signed writing, destruction of the document, or oral communication.

2. Does a living will need to be notarized in Utah?

No, it does not need to be notarized. It can be signed in the presence of two witnesses instead. However, having it notarized may add an additional layer of legal strength.

3. What happens if my living will is deemed invalid?

If a living will is deemed invalid, medical decisions may default to next of kin or another legally appointed agent. This could lead to medical decisions being made that are not in line with your wishes.

4. Are doctors required to follow my living will?

Healthcare providers are generally required to follow your living will, but if there is ambiguity or they believe the directives are outdated or not applicable, they may use their judgment. This is where disputes often arise.

5. What should I include in my living will to avoid ambiguity?

To avoid ambiguity, be as specific as possible about your medical preferences and consider discussing these preferences with your healthcare provider and an estate planning lawyer. They can offer tailored advice to ensure your living will covers a broad range of scenarios.

Conclusion

While a living will can serve as an essential tool in ensuring your medical wishes are honored, it is crucial to understand its disadvantages, particularly in terms of ambiguity and potential legal oversights. By being aware of these issues and taking proactive steps, you can help mitigate the risks associated with living wills.

For personalized assistance and to ensure your living will is legally compliant and comprehensive, call Lawyer Jeremy Eveland at (801) 613–1472. Also, check out this map link for more info.

Thank you for reading this article. If you found it helpful, please clap, leave a comment, and subscribe to our Medium newsletter for more updates. Your engagement helps us create more content that empowers you with essential legal knowledge. Jeremy Eveland 8833 S Redwood Rd West Jordan Utah 84088 (801) 613–1472

The information contained in this article is for information purposes only and is not legal advice. For legal advice, hire a competent lawyer in your jurisdiction.