Pregnancy & Your Living Will



News Flash: Your wishes in a living will or advance healthcare directive may be disregarded when you're pregnant!

According to a 2012 report from the Center for Women Policy Studies in Washington, 31 states have decided that directives as to life support can be disregard if the patient is pregnant. These state legislatures have passed laws making it illegal to take a woman off of life support if she's pregnant, regardless of the wishes of the patient or her family.

Take for an example the state of Texas. Texas has one of the most restrictive laws, preventing a pregnant woman from being taken off of life support at any stage of pregnancy. Recently, the issue has caused controversy in the case of Marlise Munoz, a 33 year-old Texan who collapsed from a clot in her lungs and was declared brain-dead when she was 14 weeks pregnant.

Legal analysts have questioned the hospital's interpretation of the law, saying that the law was addressed to patients in a coma or vegetative state, and that it wasn't meant to apply to a person who's brain-dead. They have argued that keeping a fetus alive in a basically dead person, as opposed to a person who is in a comma or vegetative state with a chance of recovery, is considered medical experimentation. In the case of Ms. Munoz, the hospital has not officially commented on whether she's brain-dead, but her parents have said the hospital made it clear to them that she is brain-dead.

Pro-life advocates have argued for the fetus to be recognized as a separate person, and want to see Mrs. Munoz kept on life support even if she is brain-dead. But critics of the law point out that Mrs. Munoz's fetus hasn't reached the stage of viability, and is unable to live on its own outside the womb. Due to the uncertainty over how long the fetus was without oxygen, there's also uncertainty over whether the child suffered serious harm. Mrs. Munoz's family wants the law overturned and have expressed anger and frustration with having their rights taken away by the state. As yet, they haven't taken legal action, but also haven't ruled it out. Doctors have said they will decide what to do when the fetus reaches 22 to 24 weeks. In the meantime, the family says waiting increases their agony and frustration at not having input into the decision-making process.

No matter which position you support, all women capable of child-bearing should have a living will that expresses their preferences for life support and medical care in the event they become pregnant. Even if you live in one of the restrictive states, there's always a possibility the law will be changed in the future. Some forms already include language addressing the matter, but other forms can address it by stating your preferences in the blank lines for additional instructions. A living will is a vital form for everyone, not only women, to complete. By taking a matter of minutes to complete the simple form, you can save your family and loved ones the additional agony and expense that the Munoz family and many others have experienced.

Top Questions about Pregnancy & Your Living Will

  • Does being pregnant affect the use of advance directives?

    Yes, being pregnant can influence how advance directives are applied, as conditions and preferences may change during this time. It’s important to review your living will to ensure it reflects your current wishes regarding pregnancy and healthcare decisions. Additionally, discussing your wishes with healthcare providers can provide clarity and guidance. By understanding Pregnancy & Your Living Will, you can navigate these critical decisions with confidence.

  • How to document a living will?

    To document a living will, you should begin by understanding your state's requirements for advance directives. Typically, you will need to fill out a form that clearly states your medical preferences in specific situations. It's wise to consult with a legal expert to ensure accuracy and compliance. Remember, creating a living will is an essential aspect of planning for your future, especially when considering Pregnancy & Your Living Will.

  • What is the controversy with living wills?

    The controversy surrounding living wills often revolves around ethical and moral considerations regarding patient autonomy. Some argue that these documents can lead to premature decisions about care, especially in complex cases like Pregnancy & Your Living Will. It is vital to engage in thorough discussions with healthcare providers and family members to navigate these sensitive issues effectively.

  • What is the main drawback of a living will?

    One notable drawback of a living will is that it may not account for the emotional dynamics and evolving situations surrounding Pregnancy & Your Living Will. Family members might have differing opinions on your care, which can lead to conflict or confusion. To mitigate this, it's important to communicate openly with loved ones and involve them in the planning process.

  • What is the main disadvantage of a living will?

    The main disadvantage of a living will is its inability to cover every possible medical scenario that may arise. In times of crisis, healthcare providers might struggle to apply your preferences from the document. To address this, you can combine your living will with other legal documents, which can help ensure your intentions regarding Pregnancy & Your Living Will are properly conveyed.

  • Should I make a living will before giving birth?

    Creating a living will before giving birth is a prudent decision for expectant parents. This document allows you to express your healthcare preferences during pregnancy and after childbirth. Additionally, having a clear plan can relieve stress during an emotionally charged time, ensuring that your wishes regarding Pregnancy & Your Living Will are known and respected.

  • What is the main drawback of a living will Quizlet?

    The main drawback of a living will, particularly in relation to resources like Quizlet, is the potential for misinterpretation or oversimplification of complex legal information. While these resources provide an overview, they may not capture the nuances of how Pregnancy & Your Living Will interacts with your individual circumstances. Therefore, it is essential to consult legal experts for personalized guidance.

  • How to fill out a living will form?

    Filling out a living will form, particularly when considering Pregnancy & Your Living Will, involves a few straightforward steps. Start by identifying your health care preferences and outlining your decisions regarding medical treatments. Next, you can use our platform, uslegalforms, which offers user-friendly templates and guidance to make the process simpler. Remember, clarity in your choices ensures that your wishes are honored when it matters most.

  • Can a family member go against a living will?

    Family members can challenge a living will under certain circumstances, such as if they believe it does not reflect your true wishes. However, the legal weight of a properly executed living will, especially in the context of Pregnancy & Your Living Will, is typically respected by healthcare providers. It is essential to discuss your wishes openly with your family to avoid any misunderstandings. Resources like uslegalforms can support the creation of a legally binding document that conveys your intentions.

  • What is an example of wording for a living will?

    When considering Pregnancy & Your Living Will, it is vital to communicate your wishes clearly. For instance, you might state, 'If I am unable to communicate or make decisions, I do not wish to receive life-sustaining treatments if I am in a terminal condition.' This wording helps ensure that your preferences during significant life changes are respected. Utilizing platforms like uslegalforms can assist you in crafting a well-structured living will.