A Comprehensive Guide to Creating a Living Will in Kansas

Posted on: August 7th, 2024 by Chad Hill

How to Create a Living Will in Kansas: A Comprehensive Guide

Introduction

A living will is a critical document that outlines your wishes regarding medical treatment if you become terminally ill and unable to communicate your decisions. This document ensures your preferences are respected and can alleviate the burden on your family during challenging times. This guide will walk you through the process of creating a living will in Kansas, ensuring you understand each step and its importance.

What is a Living Will?

A living will is a legal document that specifies the types of medical treatments you want or do not want in the event you are diagnosed with a terminal condition and cannot communicate your wishes. Unlike a durable power of attorney for health care, which appoints someone to make healthcare decisions on your behalf, a living will specifically addresses life-sustaining treatments when you are terminally ill.

Legal Requirements in Kansas

To be legally valid in Kansas, a living will must meet certain requirements:

• Signing and Witnessing Requirements: The document must be signed by you, the declarant, and witnessed by two individuals who are not related to you or your healthcare providers.
• Specific Instructions to Include: Your living will should detail your preferences for various medical treatments, including resuscitation, mechanical ventilation, tube feeding, and other life-sustaining measures.

Steps to Create a Living Will

1. Gather Necessary Information:
   • Reflect on your values and the medical treatments you would or would not want to receive in terminal conditions.
2. Consult with a Lawyer:
   • While you can use standard forms, consulting a lawyer can help tailor the document to your specific needs, ensuring all legal nuances are addressed.
3. Use Kansas Legislature Forms:
   • Kansas provides specific forms for living wills that comply with state laws. These can be a good starting point for creating your document.
4. Sign and Witness the Document:
   • Ensure the document is properly signed and witnessed to make it legally binding.

Creating a Durable Power of Attorney for Health Care

A durable power of attorney for health care is another essential document that designates someone to make healthcare decisions on your behalf if you are incapacitated. Here’s how to create one:

• Designating an Agent:
  • Choose someone you trust to make decisions that align with your values and wishes.
• Specifying Powers:
  • Clearly outline the powers you are granting to your agent to avoid any confusion.
• Ensuring it Complements Your Living Will:
  • Both documents should work together to ensure all your healthcare preferences are covered.

Revoking or Changing Your Living Will

You can revoke or amend your living will at any time by informing your healthcare provider and your agent. It’s best to do so in writing. Ensure all parties, including your healthcare provider, agent, and family, are aware of any changes to your living will.

Communicating Your Wishes

Having conversations with your family and healthcare providers about your wishes is crucial to ensure they understand and can advocate for you if needed. Distribute copies of your living will to your primary physician, your agent, and family members. Store the original in a secure, accessible place.

Commonly Asked Questions

• What Happens if I Don’t Have a Living Will? Without a living will, your healthcare decisions may be left to family members or court-appointed guardians who may not know your wishes.
• Can I Use Online Forms to Create My Living Will? Yes, Kansas provides standard forms that you can complete and print. However, consulting a lawyer is advisable for personalized documents.
• Do I Need Both a Living Will and a Durable Power of Attorney? It’s recommended to have both documents. A living will covers specific medical treatments, while a durable power of attorney allows your agent to make broader healthcare decisions.
• Can I Include Specific Medical Conditions in My Living Will? Yes, you can specify your preferences for treatments related to specific medical conditions, such as dementia or persistent vegetative state.

Conclusion

Creating a living will and a durable power of attorney for health care are crucial steps to ensure your healthcare wishes are respected and to reduce the burden on your loved ones. These documents provide peace of mind and clarity for you and your family in the future.

If you need assistance in creating a living will in Kansas, visit My Living Wishes. They offer an easy-to-use online platform that can help you create a living will tailored to your needs. Benefits of creating a living will online include convenience, step-by-step guidance, and the ability to update your documents as needed. Taking action now can secure your healthcare preferences and provide peace of mind for you and your loved ones.