The Importance of a Living Will

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When a person cannot speak for themselves, a living will is an important health care document that is part of an estate plan, and it provides clear directives of a person's wishes, avoiding uncertainty in a difficult time and when loved ones may have differing wishes. A living will differs from a testamentary will in that it does not outline the disposal or distribution of a person's property or assets, but instead, a living will is a statement of a person's wishes as well as a guide for healthcare providers and family members.

What A Living Will Details

A living will - also known as an Advanced Directive - gives a person the right to direct future medical services and health care under circumstances where the person is unable to speak to healthcare providers or consult doctors personally due to incapacitation, a medical condition, or for another reason. This document gives instructions to medical personnel and health care providers for end-of-life situations; for example, directing attending physicians not to administer life-sustaining treatments or artificially administering nutrients or hydration. If such treatments have already begun, a living will may direct physicians to withdraw that treatment. A living will also allows you to appoint a proxy for your health care to help carry out your wishes. Laws vary state-to-state in regards to living wills and other documents, so it is always in your best interests to contact your attorney to discuss these and other estate planning issues.

Some states require that the attending physician and another doctor certify that the patient is permanently unconscious, terminally ill, or facing end-of-life conditions. If a healthcare proxy is named in a living will, that person can help make certain that the patient's wishes are carried out. The healthcare proxy should be someone who knows your wishes and is willing to make sure that those wishes are adhered to. It is also important to keep this information updated and current as your life changes.

Making A Living Will When You Are Well

If you are in good health, you may be asking why you need to have a living will. It is a document that will, hopefully, never be needed, but it can also alleviate stress for you and your loved ones in the event of a catastrophic medical issue or accident happens. It avoids disagreements among your loved ones at a stressful time, and ensures that what you want to happen is what occurs. Not having a living will has led to families dragging disagreements into court when they cannot agree on a plan to proceed involving a loved one's end-of-life care.

Many people have concerns regarding who makes the decision to administer or withdraw treatments when they cannot make those decisions themselves. A living will is an important and personal document that can avoid years of conflict or uncertainty about what a patient who cannot speak for themselves would want done. An example of this is a Florida case where a young, married woman fell unexpectedly into a coma and remained in that state for several years. Doctors believed that she would not recover and would remain vegetative for the rest of her life. Her husband wanted to remove life-sustaining treatments, but her parents wanted the treatment to continue. The case went to court, and, after a lengthy and expensive trial, the state court decided that the treatments could be stopped, and the woman passed away a few weeks later. This case highlights the importance of a living will, even for young, healthy adults.

If you are interested in preparing a living will as part of your estate planning, and want to make sure that it is legally enforceable in your state, speaking with an experienced, dedicated estate planning attorney is the best course of action. While many law firms charge thousands of dollars to prepare estate planning documents, members of our legal subscription plans get these essential documents prepared at no additional charge. Individuals and families can sign up for our legal subscription plans for just $299 per year and begin your living will, testamentary will, and other estate planning documents quickly and easily using our app for no additional cost. After filling out a quick questionnaire in the app, your attorney will contact you with any additional questions and have your documents prepared and ready to file with your state usually within just a few days. And another benefit is that you can update your wills for free at any time when your life changes as long as you remain a member. Learn more about estate planning through our legal subscription plans or sign up today!