A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Arkansas, a living will is recognized under the state's Rights of the Terminally Ill or Permanently Unconscious Act. This legal document allows an individual, known as the declarant, to outline their preferences for medical treatment in the event that they are unable to communicate due to a terminal illness or permanent unconsciousness. The living will can specify whether the individual wishes to receive, decline, or discontinue life-sustaining treatments. Arkansas law requires that the living will be in writing, signed by the declarant, and witnessed by two individuals. The document may also be notarized for additional legal formality. Additionally, Arkansas recognizes Advance Health Care Directives, which may include a living will and a health care power of attorney, allowing a designated agent to make health care decisions on the declarant's behalf. Do Not Resuscitate orders (DNRs) are separate documents that instruct medical personnel not to perform CPR if the patient's breathing or heart stops. It's important for Arkansas residents to comply with specific state statutes when creating these documents to ensure their enforceability.