Attorney-Verified Alaska Living Will Template

What is an Alaska Living Will?

An Alaska Living Will is a legal document that allows you to express your wishes regarding medical treatment in the event that you become unable to communicate your decisions due to illness or incapacity. It guides healthcare providers and loved ones about the types of life-sustaining treatments you would or would not want to receive, such as mechanical ventilation, resuscitation, or tube feeding. This document is crucial for ensuring that your healthcare preferences are respected and followed.

Who should have an Alaska Living Will?

Any adult in Alaska who wants to have control over their medical treatment decisions should consider creating a Living Will. It's particularly important for those facing a serious illness, undergoing major surgery, or with strong preferences about end-of-life care. However, it's advisable for all adults to prepare this document as unexpected situations can arise where such directions could become necessary.

How do I create an Alaska Living Will?

To create an Alaska Living Will, you must complete the form with your healthcare directives, making clear your wishes regarding life-sustaining treatment. It is recommended to consult with healthcare professionals and a lawyer to ensure that your wishes are clearly stated and the form is correctly filled out according to Alaska state laws. Once the document is completed, it must be signed in the presence of two witnesses or a notary public to be legally valid. The witnesses must also meet certain requirements, such as not being related to you by blood or marriage.

Can I change or revoke my Alaska Living Will once it's created?

Yes, you can change or revoke your Alaska Living Will at any time, as long as you are still competent to make your own decisions. To change it, you should create a new document that reflects your current wishes and ensure it is properly signed and witnessed according to Alaska law. To revoke it, you can either destroy the original document, write a signed and dated statement expressing your intention to revoke it, or verbally express your wish to revoke in the presence of a witness 19 years of age or older who is not related to you.

What happens if I don't have an Alaska Living Will?

If you don't have an Alaska Living Will and become unable to make healthcare decisions for yourself, healthcare providers will turn to your family members to make decisions on your behalf. This can lead to disagreements and uncertainty about what you would have wanted. Without this document, there is no formal directive for your healthcare providers to follow, which can complicate and prolong the decision-making process regarding your medical treatment.

Filling out an Alaska Living Will is a significant step in ensuring that an individual's healthcare preferences are respected, especially in situations where they might not be able to communicate their decisions. However, errors in the completion of these forms can lead to confusion, delay, or the direct opposite of the person's end-of-life care wishes. Understanding common mistakes can help in avoiding them.

1. Not Specifying Detailed Preferences: Often, individuals provide general statements about their healthcare wishes without including specific directives. For example, saying one does not want 'extraordinary measures' without defining what this means to them can leave healthcare providers uncertain. It's important to be as detailed as possible, addressing various scenarios such as ventilator use, feeding tubes, and resuscitation.

2. Failure to Update the Form: Life circumstances and perspectives on healthcare choices can change, but many people forget to update their Living Will accordingly. For instance, advancements in medical treatments might open new preferences or close off previously considered options. Regularly reviewing and updating the document ensures it reflects current wishes.

3. Not Discussing with a Healthcare Proxy or Family: It is crucial to have conversations about end-of-life preferences with the chosen healthcare proxy and family members. Without these discussions, the proxy or family might not understand the reasons behind certain decisions, leading to potential conflict or hesitation when it’s time to carry out those wishes.

4. Omitting the Signature and Date: A surprisingly common oversight is failing to sign and date the Living Will. In Alaska, like in other states, the signature and the date validate the document, making it legally binding. An unsigned or undated Living Will may not be honored by healthcare providers.

5. Poor Document Accessibility: Even a perfectly filled-out Living Will is of little use if nobody can find it when it’s needed. Storing the document in a safe deposit box or another secure location is wise, but it’s essential to inform the healthcare proxy and family members where it is and how to access it promptly in an emergency.

When filling out a Living Will, it is beneficial to seek guidance to ensure that the form clearly reflects personal end-of-life wishes and complies with legal requirements. Avoiding the above mistakes not only helps in creating a more effective Living Will but also in fulfilling its purpose of guiding healthcare decisions when one cannot do so.

When preparing for future healthcare decisions, many individuals often accompany an Alaska Living Will form with other important forms and documents. These additional documents help ensure a comprehensive approach to end-of-life planning, offering clarity and direction for healthcare providers and family members alike. Here is a brief description of up to four other documents that are commonly used alongside the Alaska Living Will form.

• Durable Power of Attorney for Healthcare: This document designates another person (often referred to as an agent or proxy) to make healthcare decisions on behalf of the individual if they become unable to do so. This can cover a wide range of decisions, from treatment options to end-of-life care.
• Do Not Resuscitate (DNR) Order: A DNR order is a medical order signed by a healthcare provider. It indicates that an individual does not want to receive cardiopulmonary resuscitation (CPR) if their heart stops beating or if they stop breathing. This document is crucial for those who wish to avoid aggressive life-sustaining treatments.
• Organ and Tissue Donation Form: This form allows individuals to specify their wishes regarding organ and tissue donation upon death. It is an important component of end-of-life planning for those who wish to make this generous gift.
• Physician Orders for Life-Sustaining Treatment (POLST): The POLST form complements a living will and DNR order by providing specific instructions for healthcare providers to follow, particularly during an emergency. This form is designed for those with serious health conditions, detailing preferences for treatments such as intubation, mechanical ventilation, and feeding tubes.

Each of these documents plays a unique role in an individual's healthcare planning, offering detailed guidance and legally binding instructions that reflect their wishes. By combining these documents with an Alaska Living Will, individuals can ensure a well-rounded approach to their future healthcare, which can be especially comforting to both them and their loved ones during difficult times.

The Durable Power of Attorney for Healthcare is a document that shares similarities with the Alaska Living Will, primarily in its health-related focus. This document allows an individual to appoint another person, often referred to as an agent or healthcare proxy, to make healthcare decisions on their behalf if they become unable to communicate or make decisions themselves. Like the Living Will, it serves as a roadmap for healthcare providers by outlining the principal's wishes regarding treatment preferences, although it grants more comprehensive decision-making power to the designated agent than the more directive-focused Living Will.

A Do Not Resuscitate (DNR) Order is another document closely related to the Alaska Living Will. A DNR specifically addresses one aspect of healthcare decision-making: it instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) in the event the patient's breathing stops or the heart stops beating. While the Living Will can cover a wide range of end-of-life decisions, including the refusal of life-sustaining treatment under certain conditions, a DNR is narrowly focused on the absence of CPR. Both documents, however, affirm an individual's preferences concerning life-sustaining treatments, or the lack thereof, and are crucial in emergency and end-of-life care planning.

The Medical Orders for Life-Sustaining Treatment (MOLST) or Physician Orders for Life-Sustaining Treatment (POLST) form is also akin to an Alaska Living Will. These forms are completed and signed by a healthcare provider based on the patient’s current medical condition and wishes regarding life-sustaining treatments. MOLST or POLST forms are particularly useful in clinical settings, ensuring that an individual’s healthcare preferences are followed across different levels of care. While the Living Will typically outlines general wishes about end-of-life care, the MOLST or POLST provides specific medical orders that are immediately actionable by healthcare professionals.

The Last Will and Testament is a legal document that, at first glance, might not seem directly related to the Alaska Living Will, but shares the fundamental aim of communicating the wishes of an individual for the period following their death. While the Last Will and Testament deals with the distribution of an individual's assets and the care of any minor children, rather than healthcare preferences, both types of wills allow individuals to outline their desires clearly and legally for a time when they cannot express those wishes themselves. Thus, each plays a vital role in personal estate and healthcare planning, ensuring one's preferences are known and respected.

When completing the Alaska Living Will form, individuals are advised to carefully consider the following recommendations to ensure their desires regarding healthcare treatment are clearly and effectively communicated.

Do:

1. Read all instructions on the form carefully before beginning to fill it out.
2. Use clear and concise language to state your healthcare preferences.
3. Consult with a healthcare provider if you have questions about medical treatments or interventions mentioned on the form.
4. Sign the document in the presence of two witnesses or a notary public, as required by Alaska law.
5. Share copies of the completed form with your healthcare agent, family members, and healthcare providers.

Don't:

1. Leave any sections blank that are applicable to your healthcare wishes.
2. Use vague or ambiguous language that could be open to interpretation.
3. Forget to date the form, as this can lead to questions about its validity.
4. Assume your healthcare providers are aware of your wishes without providing them a copy of your living will.
5. Rely solely on verbal instructions to family or healthcare providers without documenting your wishes in the living will form.

When it comes to planning for end-of-life decisions, the Alaska Living Will form is a crucial document many Alaskans consider. However, there are several misconceptions about this vital legal document that can lead to confusion. Knowing the facts can help ensure that your wishes are clearly understood and executed. Let's dispel some common misunderstandings about the Alaska Living Will form.

• Misconception 1: It's only for the elderly. Many believe that a living will is something only the elderly should consider. However, unexpected medical situations can arise at any age, making a living will essential for any adult to communicate their healthcare preferences.
• Misconception 2: It covers all end-of-life decisions. While comprehensive, the Alaska Living Will form specifically addresses certain medical decisions, such as life-sustaining treatment preferences. It does not cover all aspects of end-of-life planning, such as funeral arrangements or financial issues.
• Misconception 3: A lawyer must prepare it. It's a common belief that legal assistance is necessary to create a living will. In Alaska, anyone can complete the form as long as it meets state requirements, such as being witnessed appropriately. However, consulting with a lawyer can ensure it reflects your wishes accurately and is executed correctly.
• Misconception 4: It takes immediate effect. Some think that once the Alaska Living Will form is signed, it becomes effective immediately. The truth is, it only comes into effect under specific circumstances, typically when a person is incapacitated and unable to make decisions regarding their medical care.
• Misconception 5: It is binding in all states. While an Alaska Living Will is legally binding within the state, its validity can vary outside of Alaska. Laws differ from state to state, and while many states acknowledge out-of-state documents, it's wise to make arrangements based on current residency and consult legal advice if you spend time in multiple states.
• Misconception 6: It cannot be changed once it's signed. Many hesitate to complete a living will under the belief that it is set in stone. However, individuals can revise their Alaska Living Will at any time, provided they are of sound mind to do so. Updating it to reflect changes in health, relationships, or preferences is not only possible but encouraged.

Understanding these misconceptions and the realities of the Alaska Living Will form can empower individuals to make informed decisions regarding their healthcare preferences. Clearing up these misunderstandings ensures that your healthcare wishes are known and respected, irrespective of life's unpredictable nature.

Filling out an Alaska Living Will form is a significant step in planning for your health care. This document allows you to express your wishes regarding medical treatment in the event that you are unable to communicate them yourself. Here are key takeaways to consider when preparing your Alaska Living Will:

• Understand what a Living Will is: It is a legal document that outlines your preferences for medical treatment if you're incapacitated and cannot make decisions for yourself.
• Know the requirements: The document must be signed by you and witnessed by two individuals who are not related to you, not entitled to any part of your estate, and not your health care providers.
• Consider all possible health care decisions: Think carefully about your wishes regarding life-sustaining treatments, such as mechanical ventilation, tube feeding, and resuscitation.
• Consult with health care professionals: Speak with your doctor or a health care advisor to understand the implications of your choices and ensure they are clearly reflected in your Living Will.
• Communicate with loved ones: Discuss your decisions with family members or close friends to prepare them for potential situations where they might need to advocate for your wishes.
• Keep the document accessible: Store your Living Will in a place where it can be easily found in an emergency. Inform your health care proxy, family, and primary physician of its location.
• Review and update regularly: Over time, your preferences for care might change. Review your Living Will periodically and update it as necessary to reflect your current wishes.
• Know the legal constraints: While Alaska law respects the contents of a Living Will, there may be specific legal limits regarding its application. It's important to ensure your document complens with state laws to guarantee its effectiveness.

Creating a thoughtful and legally sound Living Will is a proactive step towards ensuring your health care preferences are respected. Take the time to carefully draft this document, considering the breadth of medical decisions that may arise. Remember, the key to an effective Living Will lies in clear communication, both in the documentation itself and with those who may be involved in your care.