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living will

A living will is a type of advance directive  that lists a person's wishes about medical treatment in the event that the person cannot give informed consent or refusal. A living will commonly includes specific directives on which life-sustaining measures can and cannot be used in cases of extreme disability without reasonable expectation of recovery. 

If a health care provider administers life-sustaining treatment against a patient’s living will, the provider could be sued for medical battery . However, if the health care provider is unaware of the patient’s living will, the medical battery claim will be unsuccessful.

Different jurisdictions have passed legislation , such as the Uniform Health Care Decisions Act , legally validating living wills and recognizing an individual’s right to decide all aspects of one’s health care.

[Last reviewed in June of 2023 by the Wex Definitions Team
]

Wex

• LIFE EVENTS

• family & personal matters

• financial events

• wills

• wex definitions

• family law

• individual rights