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Health Care Instructions: Living Wills and Advance Directives

This article was produced by LARCC in cooperation with CLS, GHLA, NHLAA, and SLS.

Health Care Instructions: Living Wills and Advance Directives

You can decide NOW what types of care you want if you are unable to make those decisions LATER. Health Care Instructions tellyourhealth care providers your wishes even if you become unable to speak for yourself because of dementia or other medical problems.

Your Health Care Instructions include your directions about:

  • living wills,
  • health care representatives,
  • conservators preference, and
  • organ donation.

Living Wills

Your living will says what medical treatment you want ONLY IF you are terminal or in a permanent coma.

  • Terminal means your medical problem can’t be cured or reversed. Without treatment to keep you alive, your doctor expects you to die soon.
  • Permanent coma means at least two doctors say you are unconscious and not expected to wake up.

Living wills let you decide if you want

  • CPR if you stop breathing,
  • food or water through a tube,
  • a breathing machine, and
  • other treatment to keep you alive.

Pain medication and comfort care will always be provided.

Do Not Resuscitate Orders (DNR)

A DNR is an order written by your doctor, in consultation with you, about withholding certain medical treatment. 

Health Care Representatives

Your health care representativeis the person you choose to make health care decisions for you if you can’t speak for yourself. Choose someone you trust and who knows and is willing to follow your wishes. That person should also be able to communicate your wishes about your care and expected outcome to your health care providers. Name a second person who can be your representative in case the first person isn’t available.

If you signed a living will, your representative will make sure your end-of-life decisions are followed. If you did not sign a living will and cannot express your own desires to your physician, then your representative will make end of life decisions for you.

Conservators

A conservator CAN ONLY be appointed by the Probate Court to make sure you are properly cared for if you can’t care for yourself.  BUT you can name the person you would want to be your conservator. You can name your health care representative as the preferred conservator if the need ever arises.

Organ Donation

You can decide whether you want to donate any of your organs.

Preparing Your Health Care Instructions

No one - not your doctor, nursing home, or hospital – can make you write or share Health Care Instructions. But they must ask if you have Health Care Instructions. They cannot deny you care if you do not have one.

You don’t have to have a lawyer help you but it is a good idea. You will be making difficult decisions. A lawyer can help you make Health Care Instructions that are right for you. You may also want to talk to your doctors, family, and friends.

To make your Health Care Instructions legal, you must

  • be at least 18 years old,
  • be able to understand the impact of your health care decisions, and
  • sign and date your Health Care Instructions in front of 2 witnesses (your health care representative cannot be a witness).

Give copies of your signed Health Care Instructions to your

  • family and health care representative, and
  • doctors and others who might be taking care of you if you can’t take care of yourself.

Also keep a note in your wallet that says where to find your Health Care Instructions.

Changing your instructions

You can change any part of your Health Care Instructionsat any time.

  • To change your living will, you only have to say, show, or write that you have changed your mind.
  • To change your health care representative or your organ donation wishes, you must do it in writing and sign it in front of 2 witnesses. If you change your Health Care Instructions, give a copy to your health care representative(s) and anyone else who might need it.

For more information…

Contact the state Department of Social Services’ Elder Services Division:

Learn more at these websites:

This booklet was produced by the Legal Assistance Resource Center of Connecticut in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this booklet is based on laws in Connecticut as of April 2014. We hope that the information is helpful. It is not intended as legal advice. For advice on your situation, call Statewide Legal Services or contact a lawyer.

For more information, contact:

Statewide Legal Services: 860-344-0380 (Central CT & Middletown) or 1-800-453-3320 (all other regions).

For people over 60, click here to get help from legal aid.

Not from Connecticut?

Most of the information on this web site is for Connecticut residents only.
Visit LawHelp.org to find a legal services program and/or a legal information web site in your area.