Arkansas Elder Law &
THE RAYMON B. HARVEY LAW FIRM
Special Needs Trusts
A living will is a document in which you state that you do not wish to receive lifeprolonging treatment in the event you suffer a terminal illness or become permanently unconscious and become incompetent to make health care decisions.
Arkansas laws specify formalities that must be followed in executing a living will.
1. You must be 18 years or older to create a declaration (living will).
2. You must sign the document, or, if physically unable, direct another person to sign.
3. Two other individuals must witness your signature.
Others, as specified by Arkansas statute, may execute a declaration if you are unable to do so.
It is a good idea to notify your family and physician of your living will and ask to have a copy placed in your medical records. You also should keep a copy with your other important papers and consider asking a close friend or relative, and perhaps your lawyer, to keep a copy.
The living will becomes “operative” when the attending physician learns of the declaration and two physicians have determined that the patient is in a “terminal condition” or “permanently unconscious” and are incapacitated.