A living will is an essential part of estate planning. It’s a legal document that allows your voice to be heard should you be unable to communicate. We can help give you peace of mind.
A living will is a legal document created to inform your doctor, family, and friends of your health care preferences. It covers the kinds of medical treatment you may or may not want in end-of-life and other medical emergencies. It allows you to ensure your medical treatment aligns with your personal, religious, or philosophical beliefs.
It allows you to maintain legal control over your own health care when you are incapacitated. You can specify preferences for various medical scenarios, not just end-of-life situations. When one is in place, you’re prepared in case you become unable to make medical decisions. Knowing your wishes will be followed can provide comfort to both you and your family.
Without a living will, you risk losing control over your medical care if you become incapacitated. Health care providers or family members will have to make critical decisions without knowing your wishes. You may receive interventions or life-prolonging measures you wouldn’t have chosen for yourself. Worst-case scenario, if you don’t have a living will and there’s a disagreement between your family and doctors, courts may get involved.
We take care of it for you as part of your estate planning services. While you can write a living will yourself, consulting with an attorney helps ensure it's comprehensive and legally valid. Before meeting with someone, decide on your medical preferences and how you want certain situations handled.
As soon as possible! If you’re 18 years-old or older, you want to have a living will. Prior to 18, your parents generally make your medical decisions. Ideally, every adult should have a living will, regardless of age or health status. It's better to create one early and update it as needed rather than waiting for a medical crisis.
Remember the term “living will” refers to a collection of documents. The exact contents may vary based on personal preferences and state requirements. In general, a living will includes:
Good question! A living will is a single document. An advance directive is a collection of documents, that includes a living will, durable power or attorney, do-not-resuscitate order, mental health advance directive, organ donation directive, and other documents that express your wishes regarding health care if you’re incapacitated.
A living will gives directions for when you’re alive but unable to voice your wishes. A last will and testament details your wishes for when you pass away. Both are important components of an estate plan.
Sort of. A living will is sometimes called an advance health care directive, but they are two different documents. The term living will refers to a collection of legal documents written to ensure your wishes when you’re unable to voice them yourself.
Absolutely, and you should. At any time your health care wishes change, you want to update your living will. Life events such as marriage, children, divorce, and pivotal career moves may shift how you want your medical care handled.
As technology advances, medical breakthroughs happen all the time. New treatments and insights change the potential for survival. What was deemed terminal yesterday may be curable today. You may want to mark your calendar on a date every year to review your estate plan. This allows you to set aside time to revisit the landscape. We’re here to help you adjust your entire estate plan at any time.
There are many pros to having a living will. The key benefit is communicating your wishes for your end-of-life care and care should you become incapacitated. The only real cons are things solved by using an attorney and thinking through exactly what needs to be done:
• Lack of clear language
• Failure to revise
• Neglecting family wishes
• No execution plan
• Out-of-date compliance
You can easily overcome these cons by using an attorney, consulting anyone involved in carrying out your wishes, and planning to revise your living will on a regular basis.
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