When Did the Living Will Go Into Effect?

A living will is a legal document that states whether you want to die naturally or be sustained by medical procedures. It is called a living will because it is used while you are still alive; it does not appoint a person to make decisions for you.

History

• Luis Kutner created the living will concept in 1931, and in 1976 the State of California became the first state that legally recognized the living will. The Society for the Right to Die promoted the living will until it was accepted by 22 states and the District of Columbia in 1984. The living will is now accepted in all states, but its contents are state specific.

Function

• A living will is a legal document that states what specific measures should be taken to prolong life if you become terminally ill or incapacitated. The document specifically states what, if any, life sustaining procedures you want. Two unrelated witnesses must sign the document.

Requirements

• Two physicians must determine that you are unable to act, respond or make decisions because you are terminally ill or permanently unconscious. The first should be your attending physician who would then certify that you are incapacitated.

Time Frame

• The living will becomes effective once there is certification from your physician and stays in effect until you die or the living will is revoked. You can revoke a living will by communicating your wishes to your attending physician.