Andrew Ewalt's Law Blog

Providing Control

Control is a necessary element in all of our lives.  We all want to maintain control over ourselves, finances and other important aspect of our lives. In fact most of us want control over every aspect of our personal situation.   

However, it has been my experience that many people do not consider what will happen to them if they lose or have to give up control due to illness, incapacity or incompetence, something likely to happen to 2/3 of us at some point in our lives. 

Taking control of the situation by planning for these eventualities through personalized estate planning documents like wills, trust, durable powers of attorney, living wills and health care directives places you back in the drivers seat if and when you begin to lose the ability to control your affairs. 

Planning gives you the opportunity to dictate the "who, what, when, where and how" of your life.  It gives you the power over your life and affairs even if you are no longer in "legal" control.  Thus you can be confident that even though you have given up some or even all control, your life and affairs will be maintained and managed according to  your wishes and not the whim of the state or courts.

Living Wills

So what is a living will exactly? It is a legal document that directs your physician to discontinue life-sustaining procedures (cardiopulmonary, artificial respiration and artificial hydration and/or nutrition) if you are in a terminal condition or a permanently unconscious state.

Living wills are very important b/c family members or loved ones are most often put in the position of having to decide whether to terminate or continue life support when there is no hope for recovery.  Having a living will means you have made the decision for them.

Unfortunately, in Connecticut our current living will statute more heavily favors providing liability protection to health care provider (doctors or hospitals) rather than protection to the patient right to refuse medical treatment.  Given the recent Terry Schiavo case it is time for our legislature to reconsider the statute in favor of stronger patient's rights. 

However, though not as strong as the law could be it is never the less the best way of conveying your wishes on this most personal choice.  It is always important to take control of your life and equally important to take control of your dying.  Having a written living will provides just that....control.