Although the majority of estate planning involves planning for the management and transfer of assets upon death or disability with as little court involvement, costs and taxes as possible, a complete estate plan must also assist you in managing your health care concerns in the event of a future illness or incapacity. The Living Will Declaration and Appointment of Health Care Representative are two essential documents needed to address your health care concerns.

What is a Living Will Declaration?
      A "Living Will Declaration" is a document you can complete now that states your wishes regarding the use of life-sustaining medical treatment, particularly life support, should you ever have a terminal injury, disease or illness with no hope of recovery. A Living Will Declaration only becomes effective when your doctor certifies in writing that you have an incurable injury, disease or illness that will result in death within a short period of time and that the use of life-prolonging procedures will only slow the dying process. Generally, a Living Will Declaration will state your desire that you do not wish to receive life-prolonging procedures which would only serve to slow or prolong the dying process.

      Under Indiana law, even though you have chosen not to receive life-prolonging procedures by signing a Living Will Declaration, you must still make one of three choices in the document concerning the provision of "artificially supplied nutrition and hydration" (the supplying of food and water by tubes). The first option is that you wish to continue to receive artificially supplied nutrition and hydration even if the effort to sustain your life is futile or excessively burdensome. The second option is that you choose not to receive artificially supplied nutrition and hydration if the effort to sustain your life is futile or excessively burdensome. The third option is that you intentionally make no decision regarding artificial nutrition and hydration and name another person to make the decision for you. After making your choice regarding whether to continue receiving artificial nutrition and hydration, the Living Will Declaration must be signed and dated in the presence of two witnesses. Your parent, spouse, child or any person who may inherit from you or is directly financially responsible for your medical care may not be a witness to your Living Will Declaration.

If my Living Will Declaration says I do not want to be hooked up to life-support equipment, would I still get pain medication?
       Yes. A Living Will Declaration only affects care that would only serve to slow or prolong the dying process. It would never affect medical care, medication or medical procedures which are necessary to provide you with comfort, care or to alleviate pain.

Can I have a declaration stating that if I have a terminal illness, I want treatment to be continued using every available means to keep me alive?
      Yes, there is an alternative to a Living Will Declaration called the "Life Prolonging Procedures Declaration." A Life Prolonging Procedures Declaration is a written declaration you may make stating your desire that if you ever have a terminal injury, disease or illness you nonetheless wish to continue any and all life-prolonging procedures, even if the procedures may only serve to slow or prolong the dying process. The requirements for signature are the same as those for a Living Will Declaration.

What is an Appointment of Health Care Representative?
      An "Appointment of Health Care Representative" is a document that authorizes another person to make health care decisions for you if you are unable to make informed health care decisions for yourself. An Appointment of Health Care Representative becomes effective only when you cannot make decisions regarding your medical treatment or cannot supply informed consent to medical care yourself. Your Health Care Representative must make decisions regarding your health care in good faith and that are consistent with your wishes. A Health Care Representative cannot overrule your Living Will Declaration if you have both documents. Unlike a Living Will Declaration, an immediate life-threatening condition need not be present in order for your Health Care Representative to act. It may be that you are simply unconscious or unable to express your health care wishes or give informed consent to certain medications or procedures even though your inability to do so may only be temporary. Unless you state otherwise, a Health Care Representative is generally granted powers to: