Martin Folino - Your Living Will Attorneys - Dayton Ohio

A Living Will is a legal document you can complete now to declare your wishes regarding the use of life-sustaining treatment if you should become terminally ill or permanently unconscious.

A Living Will:

  • becomes effective only when you are unable to communicate your wishes and are permanently unconscious or terminally ill.
  • spells out whether or not you want life-support technology used to prolong your dying.
  • gives doctors the authority to follow your instructions regarding the medical treatment you want under these conditions.
  • can be changed or revoked by you at any time, but cannot be changed or revoked by anyone else.
  • will be followed for a pregnant woman only if certain conditions apply.
  • specifies under what conditions you would want artificial feeding and fluids to be withheld. 

These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. For your specific matter, please contact us about your specific circumstances.

Living Will issues related to Do Not Resuscitate (DNR)

DNR CPR Pain Management

IF MY LIVING WILL SAYS I DON’T WANT TO BE HOOKED UP TO LIFE-SUPPORT EQUIPMENT, WOULD I STILL GET PAIN MEDICATION? AND CAN I SPECIFY THAT I DO NOT WANT CPR?

A Living Will only affects care that artificially or technologically postpones death. It would never affect care that eases pain. For example, you would continue to receive oxygen and medical care including pain medication, spoon feeding and being turned over in bed.

CAN I SPECIFY THAT I DO NOT WANT CARDIOPULMONARY RESUSCITATION (CPR) ?

Yes. You may include a clause authorizing a “DNR order” in your Living Will. DNR stands for “do not resuscitate.” The standard form for Living Wills now includes such a DNR provision. This Living Will DNR provision is useful for conveying your wishes to family members and medical staff; however, it will NOT be activated unless two doctors have agreed that you are either terminally ill or permanently unconscious, and your personal doctor has agreed that you can no longer express your wishes regarding health care. 

WHO DECIDES THAT I AM DYING OR PERMANENTLY UNCONSCIOUS WITHOUT HOPE OF RECOVERY ?

If you’ve indicated that you don’t want your dying to be artificially prolonged, two doctors who have examined you must agree that you are beyond any medical help and that you will not recover.
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