Skip to main content
Find a Lawyer

The Living Will: Is it Just a Simple Declaration?

What is a Living Will?
Nevada law refers to a Living Will as a declaration. This document serves as a directive to physicians and family that life support devices may be withheld if a person is in a terminal condition and death is imminent within a relatively short period of time.

Why do people sign Living Wills?
Generally people have concerns about what type of treatment and care they may or may not receive if they are ever in a condition where they are unable to make their wishes known. The Living Will is a reasonable way to maintain control of medical decisions.

What does a Living Will do?
A Living Will takes rights and control from its signer and gives decision-making authority to a physician who may or may not know the patient. A Living Will also gives the physician complete protection from civil or criminal liability.

What does a Living Will say?
Living Wills vary in wording, however the following sample declaration is an example of the terminology used in many Living Will directives: If I should have a terminal illness and if I am unable to make medical decisions, I direct my attending physician to withhold or withdraw medical treatment that only prolongs the dying process and is not necessary to my comfort or to alleviate pain.

Is the Living Will the only type of advance directive?
No. Another type of advance directive is the Durable Power of Attorney for Health Care which can be used to designate an agent to make health care decisions for the signer. Even with this type of advance directive, there is a need for great care...both in the wording of the document and selection of one's personal agent.

What are the benefits of a Living Will?

* You can make the decision with regards to life-sustaining medical treatments.

* Can provide peace of mind and comfort to you and direction to family members.

* Can minimize medical expenses paid for by you or your family.

How do I get a Living Will?
We suggest that you have a Living Will prepared by a knowledgeable Nevada attorney. There are too many pitfalls in drafting your own legal documents, and with a Living Will, we won't know until you are sick or incapacitated if the document was prepared correctly.

Was this helpful?

Copied to clipboard