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 Kansas, a living will is recognized under the Kansas Natural Death Act. This document, also known as an Advance Directive, allows an individual (the declarant) to outline their preferences for medical treatment in the event that they are unable to communicate due to a terminal or irreversible condition. The living will can specify whether the individual wishes to receive, withhold, or withdraw life-sustaining treatments. To be valid, the living will must be in writing, signed by the declarant, and witnessed by two individuals who meet certain criteria. The document can also be notarized. Kansas law also recognizes Do Not Resuscitate (DNR) orders, which are separate from living wills and instruct medical personnel not to perform CPR if the patient's breathing or heart stops. It is important for individuals to ensure that their living wills and other advance directives comply with Kansas statutes to be legally enforceable. An attorney can provide guidance on creating a living will that accurately reflects an individual's wishes and meets all legal requirements in Kansas.