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Living Wills 101

What If My Proxy's Decision Conflicts With My Living Will?

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It is possible that a decision by your Healthcare Proxy about your health care will conflict with instructions in your Living Will.

Obviously such a conflict could result in a lengthy delay in any implementation of your instructions while a court resolves the conflict by trying to determine your own intent. To do that, the court will weigh the wording of the Living Will and the reasoning of the Proxy. The judge will also look to other factors which may include the desires of family and relatives, which could include people you do not wish to be part of the process.

If you give a copy of your Living Will to your Proxy, and discuss your wishes, you will minimize the chances of a conflict.

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