living Will: Arkansas

The recommended form is a very narrow document. It was amended in 2003 and as a result of the amendments, must contain certain specificity with regard to the withholding of artificial nutrition or hydration.

Please read further for specific changes, and review the new statutory form document.

Generally speaking, however, you must be competent, and at least 18 years of age to execute the document. You must sign the document, or if you are unable to sign, due to a physical limitation, you may direct another person to sign. (Proof of this may be problematic, however). There must be two witnesses to your signature.

In addition, others, as set forth in the statute, may execute a declaration if you are not able to.

See

Arkansas living will A.C.A. 20-17-201 for the pertinent statutory sections.

As stated above, the statutory form was modified in 2003 by House Bill 1834, and now provides very explicit language which must be found in the document in order to successfully not be artificially hydrated or fed.

Under the revised statute, nutrition and hydration may only be withheld after consultation with the attending physician. (Though the statute itself does not state what type of decision-making must go into the actual "consultation").

The subtitle of House Bill No. 1834 was "An Act to Ensure That Nutrition and Hydration Are Provided To All Arkansans At the End of Life."

The Legislative purpose as set forth in Section 6 of House Bill 1834 states,(a) (1) "The General Assembly recognizes that residents of long-term care facilities are among the most vulnerable of the state's citizens."

(Though there is nothing in the state's form that makes the required language specific only to those individuals residing in long term care).

"(2) Further, the disproportionate number of these residents who are Medicaid eligible, and who have little or no close family involvement in their lives, heightens their vulnerability." "(b) It is the intent of the General Assembly that, to ensure proper care and treatment of these individulals, particularly at end-of-life, the circumstances and conditions under which the withholding of nutrition, hydration, or both, may occur, be clarified."

THESE ARE EXTREMELY IMPORTANT CHANGES!

It is now extremely important for you residents of Arkansas, if you would not want artificial means of nutrition or hydration (i.e. feeding tube) that you not only have a living will, but you also appoint a person as your HEALTH CARE DECISION MAKER.

The new statutory changes provide that you will only be able to make the decision to not be artificially hydrated or fed only after consultation with your attending physician.

You must have given someone the legal right to consult with your physician! House Bill 1834's language, as incorporated into the new living will statute specifically states "It is my specific directive that nutrition may be withheld after consultation with my attending physician", and "It is my specific directive that hydration may be withheld after consultation with my attending physician" as choices if you do not want artificial nutrition or hydration.

Remember, this document only "speaks" when you are unable to convey your wishes yourself right then and there.

As you can see, the execution of this document now, will not be enough without also designating a surrogate decision maker or health care agent to speak for you when you are unable to speak for yourself.

There still remains the issue of HIPAA

The Designation of an agent to make the medical decisions for you and consult with your doctor SHOULD contain a HIPAA Release so that your doctor does not run afoul of hospital protocol or federal law.