LIVING WILL, MEDICAL DIRECTIVE, HEALTH CARE DIRECTIVE, ADVANCE DIRECTIVE FOR MUSLIMS, OR ADVANCE CARE PLANNING

 

What is Living Will?

A Living Will for Muslims or a Medical directive for Muslims is a legal document covering your end-of-life medical wishes, including withholding medical treatments, organ donations, transplantations, etc. The Living will is a strong estate plan that speaks when you cannot make the decision yourself due to inability or mental incapacity.

 

What are the different names of Living Will?

Living Will also refers to Medical directive, Healthcare directive, or Advanced health directive, Advance Healthcare directive, Advanced medical directive, or Advance care planning document.

 

What is difference between Islamic Living Will (or Medical directive) and Islamic Last Will (or Wasiyyah)? 

Living Will is about appointing someone to look after your medical treatment-related decisions you wish to make in a lifetime. Islamic Will is for designating someone (i.e., an executor) to manage property distribution after you die. Both documents cannot be created or changed aftera person becomes mentally incapable. Living Will is effective while you are alive, and that's why it is called "Living" will. On the other hand, Islamic Will is effective only after death, which is why it is called the "Last" will. No legal action can be performed from the Islamic Will document whena person is alive. Islamic Will becomes irrevocable and legally binding after death. Islamic Will or Last Will relates to property. Living Will relates to your medical treatments.

 

How does Living Will differ from Power of Attorney for Healthcare?

Living Will and the Power of Attorney for Healthcare are valid while you are alive. Living Will refers to medical treatments, organ donations, and transplantation-related preferences. Power of Attorney for Healthcare, on the other hand, refers to decisions you want to make about your day-to-day needs, including financial, medical, or personal. Both documents cannot be created or changed after a person becomes mentally incapable. 

 

Can I make Living Will to prevent or withhold treatments, organ donations, or organ transplantations?

Yes, of course. Creating Living Will does not mean that you have only the options to choose medical treatments, organ donations or transplantations; instead, you choose to prevent medical treatments, organ donations or transplantations of your body. It is true vice-versa as well that you may decide to allow treatments, organ donations, or organ transplantation. It's your time to allow or disallow medical treatments and other preferences through Living Will. The choice is yours before it is too late (i.e., accidents, pandemics, disasters, or illness). If you do not create LivingWill, someone will decide on your behalf when you cannot decide for yourself due to mentalin capability. Someone will decide means it may be in favor or contrary to your wishes.

 

In which countries Living Will differ from one Jurisdiction (i.e., state, province, territory)to another?

Living Will may differ from one country or Jurisdiction (i.e., state, province, or territory) to another for the United states, Canada, Australia, and some European countries, so your Living Will must comply with jurisdiction-specific laws for these countries. Wassiyyah provides customized legally and Islamically compliant Living Will for all world countries. Due to the complexity of laws worldwide, you should not use available free templates for creating your Living Will.

 

Does Wassiyyah offer Jurisdiction (i.e., state, province, territory) specific Living Will?

Living Will created on Wassiyyah's are country-specific to meet legal and Islamic compliance. Wassiyyah provides Jurisdiction (i.e., State, Province, or Territory) specific Living Will (or Medicaldirective) for Canada, United States, Australia, and some European countries where the laws differ from one jurisdiction to another. In short, whenever required, Wassiyyah provides jurisdiction-specific estate plans.

 

What are the Islamic implications of creating a Muslim Living Will?

The field of Islamic Bioethics (and Medical Bioethics in general) is vast and still developing. The Islamic Bioethics plays a significant role in deciding Living Will preferences. However, it does not stop you from creating Living Will because you can always change your preferences as long as you are mentally capable. Islamic bioethics is an essential subject from the Islamic faith perspective, and we suggest you should learn about your rights to choose what you wish about medical End-of-life preferences, including withholding treatments in unconscious coma-likesituations, organ donations, organ transplantations, and more. Wassiyyah offers blog articles to learn more about Islamic bioethics under Premium membership.

 

Should I create Living Will or not?

Despite medical science challenges, Islamic bioethics interpretations issues, and the unknown of our future stage, everyone should create their living will, as most medical professionals agree. You can pick and choose the best work for you and your faith; otherwise, someone has to decide on your behalf, which may be contrary to or against your wishes. It's your legal right and the time you should make it before it is too late. Creating Living Will would give peace of mind to you and your family. No sadness or regret for you and your family. It becomes challenging for medical professionals near the end of life due to a lack of a patient's End-of-Life health care plan, i.e., Living Will.

What are the terms you should be aware of regarding advanced care treatments in relation to Islamic living Wills? 

There are terms that you should be aware are Palliative care, Cardiopulmonary resuscitation (CPR), Natural death, Life support or Life prolonging medical interventions, Psychosurgery, Comma or Comatose, Dialysis, Feeding tube, Intensive care unit (ICU), Intravenous line (IV), Tracheostomy, Transfusion, Ventilator, Anatomical gift, Autopsy etc. Wassiyyah offers extensive detail about each term under this blog for Premium members.

If you are confused or don't know where to start, please JOIN US​ to receive your free E-Book "Beginners guide to Islamic estate planning," specially designed for those who seriously want to make their estate plan completed in the easiest and quickest way.

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