Part two (2) of the document, otherwise known as the living will, covers treatment preferences. This section covers preferences for life-sustaining treatment in the following situations: 1) terminal condition, 2) persistent vegetative state, or 3) end-stage condition. The principal can receive comfort care and/or tube or intravenous nutrition and fluids until natural death occurs. They can also choose to prevent or delay their death if they allow the agent to make decisions that will extend their life for as long as possible.
A do-not-resuscitate (DNR) or do-not-attempt-resuscitation (DNAR) form should accompany the living will. A licensed physician must complete this document as it states whether or not the principal will receive cardiopulmonary resuscitation (CPR) in a medical emergency.
The principal may or may not want the agent to make their medical decisions. Oftentimes, the principal will choose their preferred treatment plan and the agent will follow their instructions exactly as written in the document. If a medical emergency occurs that is not listed in the form, then it is the responsibility of the agent to make a decision that they feel the principal would want. Examples of medical choices include:
- Doctors & facilities;
- Tests to run;
- Surgery;
- Drug treatment;
- Comfort or quality of life;
- Treatment of brain (damage/disease);
- Coma (disconnect or connect life support); and/or
- Other medical choices (i.e., Huntington’s disease, general anesthesia, stroke, Alzheimer’s/dementia, Lou Gehrig’s disease).
State laws: § 5-601
Signing requirements (§ 5-602(c)(1)): Signed by the principal and observed by two (2) witnesses.