Myth 1:

False : Everyone should have a living will. In a living will you may specify how you wish to be treated in case you are unable to make your wishes known. You do want to be kept on life support? Who would you want making that decision if you are unable to communicate? Questions like these are addressed in a living will (or advance directive) so your family or the hospital does not make those decisions on your behalf.

Myth 2:

A Living Will means "Don't treat."

False : While it is true that most people use living wills to avoid being kept alive against their wishes when death is near, it is a mistake to assume that the existence of living will means, "Don't treat." Living wills are also used to say that the individual wants all possible treatments within the range of generally accepted medical standards. What is said depends upon one's particular wishes and values. Moreover, even when a living will eschews all life-sustaining treatments, one should always assume (and insist upon) continuing pain control, comfort care and respect for one's dignity.

Myth 3:

I must use a prescribed Living Will form for my state.

False : In most states, you do not have to use a specific form. About 37 state statutes include forms for appointing proxies or for creating comprehensive advance directives. In the majority of these, the forms are optional. In about 18 states, the forms must be "substantially followed" or certain information disclosure language must be included in the form. Even with these requirements, changes and additions to standard language are permissible. Indeed, any form can and should be personalized to reflect the individual's particular values, priorities, and wishes. If you do not agree with language contained in an approved form, change the language. If changing the language creates any doubt about the validity of the form, then further legal consultation is in order.

Myth 4 :

I need a lawyer to do a my living will.

False :  a lawyer is not needed. Yes, a lawyer is a helpful resource, but not the only resource, nor necessarily the best resource for all persons. Living Wills are not difficult to complete, especially if you use ready-made forms and certain essential steps are followed :

First, obtain a ready made Living Will Kit.

Second, discuss the contents of the forms with your physician, close family, and the person you may name as proxy. Most people find these discussions difficult to initiate, but they are extremely important. Gather information about your current medical condition and its implications for future medical problems; clarify your own values and wishes; and ask your physician, close family, and proxy if they are willing to support you in the way you want.

Third, complete the forms you choose, being sure to add or modify language to reflect your wishes more accurately. Be sure to follow the witnessing instructions for your state exactly. Most, but not all states, require two completely disinterested witnesses. If you have a potential family conflict, special legal concern, or unusual request, additional legal drafting help may be needed. These circumstances call for consultation with a lawyer experienced in personal planning.

Myth 5:

Doctors and other health care providers are not legally obligated to follow my Living Will.

False : As a matter of law, it is clear that medical providers cannot treat an individual against his or her wishes. Consequently, if a physician acts contrary to a patient's clear instruction directive or contrary to the decision of the patient's authorized proxy, the physician risks the same liability he or she would face if the physician were to ignore a refusal of treatment by a fully competent patient.

Myth 6:

Living Wills are for old people.

False : Don't think of this as an "old" people's issue. It may be natural to link death and dying issues with old age, but that is a mistake when it comes to living wills. Consider that perhaps the most well known landmark court cases those of Nancy Cruzan and Karen Ann Quinlan involved individuals in their 20's. The stakes are actually higher for younger persons in that, if tragedy strikes, they might be kept alive for decades in a condition they would not want. A Living Will  is an important legal planning tool for all adults.

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