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A Connecticut living will, also known as an advance directive, is an estate planning document. It is a legal document. It explains your health care instructions related to medical care in the event that you are no longer able to make those decisions because of a terminal condition, a persistent vegetative state, etc.
A living will is used to name a healthcare proxy. A health care agent is the person you designate to make medical decisions on your behalf. Your health care agent must be at least 18 years old, must also serve as a witness to you signing the document, cannot be your doctor, and cannot be an employee of a government agency that is financially responsible for your care unless they are a family member related to you by blood, marriage, or adoption. For patients and residents of medical and nursing facilities, there are additional rules that must be followed to name a health care agent. Although you are not required to have a Connecticut living will be notarized, it must be signed in front of two witnesses.
A living will is used for advance care planning. It is not the same as a durable power of attorney or a power of attorney for health care in the State of Connecticut although it allows for the appointment of a health care representative. Before deciding to use a power of attorney of any kind, you should seek legal advice. This will help you understand the differences between a living will and the various types of powers of attorney available.
Chapter 368w: Connecticut law creates an obligation for the health care agent to honor the health care instructions or wishes within the living will, including the withdrawal of life support systems. A Connecticut living will is only considered enforced if the attending physician determines that the individual is incapacitated. You have the right to revocation of your health care agent at any time as long as you are of sound mind.
The Connecticut Attorney General's website has a full list of living will laws. The Connecticut State Department of Mental Health and Addiction Services provides access to links for free advance directives for public use. The PDF allows you to determine whether you would like artificial respiration, artificial means of nutrition, cardiopulmonary resuscitation, or make anatomical gifts.
It’s also important to make sure that you’ve created a Connecticut Last Will and Testament to explain how you’d like your assets distributed after your death.
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