Most people are aware of the idea of a last will and testament. This legal paper tells your loved ones about your desires after you die. It may guide them on your funeral wishes, what to do with your belongings, who you want to inherit part of your estate, or even who you want to become the caretaker of any underage kids, pets, or family members under your supervision. However, it's not the sole crucial paper that ought to be part of your estate planning. Anyone who requires a last will and testament (and that's nearly everybody) should also have a living will. It's vital that you comprehend this document, why it matters, and how to make your own.
All About Living Wills
What is a living will?
A living will is a legal document that specifies your wishes regarding medical treatment if you become unable to make decisions for yourself. It provides instructions to your loved ones and healthcare providers about the type of care you want to receive if you are terminally ill or in a vegetative state. The living will only takes effect when you lack decision-making capacity. It can state that you want all measures taken to sustain your life, or that you want care focused on comfort without life-prolonging interventions, or something in between. A living will may be part of an advance directive, which also appoints a healthcare proxy - usually a spouse or other family member - who can make medical choices for you if you cannot. The proxy would make decisions based on your written instructions. In essence, the living will expresses your preferences so your loved ones and doctors know how to proceed if you cannot direct your own medical care.
Who should you pick to have medical power of attorney?
The choice of who to grant medical power of attorney to is a major one that shouldn't be made without careful consideration. You'll want to select someone that you trust to be your advocate when you are unable to do so yourself. If possible, this individual should be informed ahead of time about your wishes, so they have a clear understanding of what you want before a crisis happens. This person can be anyone, like friends, extended family members, or even someone from your religious community. There may be certain requirements in your state regarding who can hold your medical power of attorney, especially related to their age and mental capacity; a knowledgeable estate planning attorney will be able to clarify who does and doesn't qualify in your state.
Why is it important?
If you become unable to make your own medical decisions, someone else will have to make those choices for you. This could lead to situations where life-prolonging efforts are made even if you wouldn't want them, or where family members decide to withdraw life support when you would prefer it continue. A living will serves two key purposes:
- It ensures your medical preferences are known and followed when you can't communicate them yourself.
- It relieves friends and family of the burden of making end-of-life choices on your behalf.
Having a living will provides guidance for loved ones during a difficult time. They will understand the kinds of treatments and interventions you want and can clearly communicate those wishes to your medical providers. If there are disagreements, the living will can be enforced legally. The document addresses treatments such as CPR, feeding tubes, dialysis, palliative care, and organ donation.
How is it created?
You should work with an experienced estate planning attorney to draft your living will. A knowledgeable lawyer can guide you through the process of creating the document and help you think through situations you may not have considered yourself. This will allow you to address all possibilities and provide clear instructions about your wishes to your family and friends.
This is a document that everyone over 18 ought to have in place, even if they are not currently sick. That's because it can protect you and your loved ones if an emergency occurs, like a car accident or sudden illness. In these cases, there may not be time to talk to your loved ones before important health decisions need to be made.
Do you need to make a living will? Get in touch with Gravis Law in Boise. Our estate planning team can assist you in creating a living will along with other documents required to complete your estate plan. You can call us or use the form on our website to schedule a consultation meeting.
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