Five Wishes Living Will

Five Wishes Living Will

The "Five Wishes Living Will" is a living will form that has been disseminated by a group called "Aging With Dignity."

This group is to be commended for pushing for every adult to execute a living will.

However, this page's focus is on what one must be aware of--the DOWNSIDE-- of using only this form, or any variant of such form that uses generic language and form.

You may access this living will form by clicking,

Five Wishes Living Will.

WHAT ARE THE FIVE WISHES?

The five wishes are:

1. Your wish naming the person you want to make care decisions for you when you can't, (a medical proxy of sorts).

2. Your wish for the kind of medical treatment you want or don't want. This section addresses "lif-support treatment" and provides different circumstances for you to determine whether you would want it or not want it, if you were either close to death, in a coma, had permanent and severe brain damage, or in an "end-stage condition".

3. Your wish for the level of comfort you wish to be provided, pain management and including any "extras" you might wish for in your environment, such as type of music, etc.

4. Your wish for how you want people to treat you: whether you prefer to have visitors, and other social aspects of your care.

5. Your wish for what you want your loved ones to know.

SO, WHAT IS THE DOWNSIDE?

The downside, is in only using the Five Wishes Living Will form of document. While, yes, it is better than having no advance directive, the Five Wishes form may not be readily recognizable to the medical profession of your state. The medical provider of your state will undoubtedly be more readily familiar with the terminology and definitions of the specific language offered in the provider's state's recommended form.

Even though the majority of states, though not all of them, do, by law, recognize the legality of other states' advance directives, your medical provider may not have the legal knowledge, or the time to do research, of your state's definitions, and other pertinent laws related to the terminology used by the out-of-state living will document. This unfamiliarity could create confusion in the actual interpretation of your wishes regarding your treatment, which could also add to delay, and the greater possibility of the medical provider opting for further legal review out of fear of possible litigation exposure,also known as the "C.Y.A. Syndrome."

In addition to the variances in definitions of terms set forth by state law, other differences in state law requirements may create other issues, if using the Five Wishes Living Will Document alone: States differ procedurally as to execution of the document, determination of incapacity, and what's required for a legal finding of incapacity, and how and when you may revoke the living will.

In short, the Five Wishes Living Will is a great document to have in conjunction with either your state's recommended form, or this site's embellished (after Schiavo) version of your state's form. However, it is not recommended to be used alone. So, remembering that our state governments make the laws over its citizens, it is best to look to, and educate yourself about, and use the framework of your state's recommended form, EVEN IF YOUR STATE RECOGNIZES "OTHER" FORMS.

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