Does COVID-19 Change Our Living Wills?

Can our doctors refuse to treat us for COVID-19 with a ventilator if your Living Will states that you do not want mechanical respiration?

As we hear more talk about the second wave of the coronavirus (COVID-19), do we need to review our wishes for our end of life treatment? Yes!

First, the Living Will stands as your final expression of what treatment you want and do not want if you are in a terminal condition. It is effective only if you cannot communicate and there is no cure for your ailment. In other words, there is no hope for your recovery according to two physicians.

The Living Will states that when a patient meets the above criteria, the patient does not want repeated cardiac resuscitation or mechanical respiration. The patient wishes to die naturally. The person you name as your Health Care Representative may advise the doctors of your wishes and provide a copy of your Living Will.

Second, a ventilator is a device which introduces oxygen and fresh air into the lungs and forces out the stagnant air. It is used for patients whose breathing has ceased, is failing or is inadequate. The ventilator prevents the alveoli in the lungs from collapsing and delivers oxygen by way of a tube into the trachea through the nose or mouth. It is a common application for COVID-19 patients as the disease attacks the lungs among other organs. It is mechanical respiration.

Does this language in your Living Will prevent a doctor from putting you on a ventilator?

I always assure my clients that unless your attending physician determines that you meet the criteria set forth above, in other words – you are on death’s door, the Living Will should be at home in your Pidgeon & Pidgeon binder.

In sum, if there is hope for your recovery, your agent may direct that you are placed on a ventilator. I hope this article points out the need for a Living Will. When you need a Living Will, it is crucial. When you do not need one, your family may direct that treatment be continued. Please call me if you have any questions. It is a good time to prepare a Living Will or review the one you have.

Please call Mary Ann Pidgeon at 609-520-1010 for a consultation and a review of all your estate planning needs.