10 Things You Should Know About Living Wills
When it comes to estate planning, you've probably heard about different types of wills. The most common is the "last will and testament," also known simply as a "will." Another important document is the "living will."
Here are some key points to understand about living wills and why having one is essential for every adult's estate plan:
What is a Living Will? A living will, often referred to as an "advance healthcare directive," is a legal document that outlines your preferences for medical care if you become incapacitated and cannot communicate your wishes. It specifies treatments you would or would not want to prolong your life, such as life support, hydration, and nutrition.
Living Will vs Last Will & Testament While a last will and testament deals with the distribution of your assets after your death, a living will focuses on your medical treatment while you are alive and unable to make decisions for yourself due to incapacity.
What is an Advance Directive? An "advance directive" or "advance healthcare directive" is a broader term that encompasses documents related to your healthcare decisions. Typically, it includes a living will (for medical care instructions) and a medical power of attorney (naming someone to make healthcare decisions on your behalf).
Living Will vs Medical Power of Attorney A medical power of attorney appoints a trusted individual, known as your "agent," to make healthcare decisions for you if you're incapacitated. In contrast, a living will provides specific instructions on how you want your medical care managed.
Importance of a Living Will A living will ensures that your medical treatment aligns with your wishes, reducing potential stress and conflict for your family during a difficult time. Without it, loved ones may struggle to make decisions on your behalf, potentially leading to disputes or court battles.
Even Young People Need a Living Will Serious accidents or illnesses can happen at any age, making a living will important for all adults over 18. It prevents situations where family members must guess your preferences or engage in legal battles, as seen in high-profile cases like that of Terry Schiavo.
Decisions and Scenarios Covered A living will addresses various medical decisions, such as tube feeding, resuscitation preferences (CPR & DNR orders), intubation, pain management, palliative care, and organ/tissue donation.
Should You Use an Online Living Will? While online templates are available, they may not sufficiently address your unique healthcare needs and wishes. Working with experienced professionals ensures your documents are tailored to your specific situation and legally valid.
Communication is Key Once created, distribute copies of your living will and medical power of attorney to your appointed agents, healthcare providers, and specialists. Update them regularly and ensure everyone has the latest version.
Don’t Delay It’s crucial to create your living will and medical power of attorney well in advance of any incapacity. Waiting until an emergency occurs could jeopardize the validity of these important documents.
Planning for Incapacity A living will and medical power of attorney are essential components of an incapacity plan, alongside other estate planning tools like a durable financial power of attorney and a revocable living trust. These comprehensive measures ensure your healthcare decisions and financial affairs are managed according to your wishes.
If you haven’t yet established your incapacity plan, seek professional guidance to ensure your documents are correctly drafted and maintained. Contact us today to start planning your Life & Legacy with confidence.
This article is a service of Zarda Law, S.C. We do not just draft documents; we ensure you make informed decisions about life and death, for yourself and the people you love. That's why we offer a Legacy Planning Session, during which you will get financially organized and make all the best choices for the people you love. You can begin by scheduling a Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.
