Living Wills and Federal and State Guidelines

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Table of Contents

Living Wills and Federal and State Guidelines3

Federal and State Regulation on Living Wills4

Federal Legislation4

State Legislation4

Conclusion6

References7

Living Wills and Federal and State Guidelines

Living wills and other advance directives describe the patient's decisions and preferences regarding end-of-life care. Living wills are legal, written documents that specify what treatments and life-sustaining measures the person wants for himself and which ones he would not accept. These may include tube feeding, resuscitation, and mechanical breathing (respiration and ventilation). Usually, the treatments that are prescribed in the living will include resuscitation, mechanical ventilation, nutrition and hydration assistance, and dialysis. The living will or other advance directive can also describe the person's decision regarding organ donation. Finally, the family of the person gets relieved of making any decisions when the living will and other advance directives are in place (Mayo Clinic Staff, 2012).

Living wills and other advance directives are legal documents that speak for the person when the person is unable to do so himself, for example when he is in a coma. Further, such end-of-life situations could arise at any age; therefore, all adults are required by federal and state laws to develop their living wills.

In addition, another advance directive is the medical or healthcare Power of Attorney (POA). The medical POA is only a legal document, rather than a person. The medical POA is very important. The living will generally does not cover all topics and points. In certain cases, the POA will allow for making decisions in cases where the living will is silent about some aspect. Also, the POA has the final authority to make decisions and supersedes the will of the family and loved ones regarding the care and treatment that the patient receives.

Federal and State Regulation on Living Wills

Federal Legislation

The federal Patients Self-Determination Act (PSDA), 1990 gives patients and people in the United States the right to determine their advance medical directives (including the living will). This law mandates hospitals, skilled nursing facilities, hospices, home health agencies, and managed care plans to provide relevant information regarding advance directives given in the state laws to all their patients who are covered with Medicare or Medicaid. However, the federal law does not specify as to how this information is to be provided to the patients, rather the state laws specify the method.

This law aims to give total control to individuals regarding their decisions about the ...