A living will, also known as an advance healthcare directive, is a legal document that outlines your preferences for medical care in the event that you become incapacitated and unable to communicate your wishes yourself. It’s an essential part of estate planning, providing peace of mind that your healthcare decisions will be respected, even if you can’t express them directly.
Why Create a Living Will?
- Control Over Your Care: A living will ensures that your wishes regarding life-sustaining treatments, pain management, and end-of-life care are followed.
- Avoiding Family Conflict: Making your choices clear in advance eliminates potential disagreements among loved ones during a time of emotional stress and uncertainty.
- Easing the Burden of Decision-Making: Your family and medical team won’t be left guessing what kind of care you’d prefer under difficult circumstances.
- Protection of Your Values: A living will drafting lets you express your beliefs and values about medical intervention and end-of-life care.
What to Include in a Living Will
A comprehensive living will typically addresses the following:
- Life-Sustaining Treatments: Specify whether you want measures like mechanical ventilation, CPR, dialysis, or feeding tubes if you become terminally ill, are in a persistent vegetative state, or have no hope of recovery.
- Do Not Resuscitate Order (DNR): Indicates your wish to not be resuscitated if your heart stops beating or breathing ceases.
- Organ Donation: Outline your decision regarding whether or not you’d like to be an organ donor.
- Pain Management and Comfort Care: State your preferences for medication and treatments to manage pain and ensure your comfort, even if they may shorten your life.
- Healthcare Agent: Appoint a trusted individual to make medical decisions on your behalf if you can’t do so yourself. This person should fully understand your wishes and be willing to advocate for them.
Drafting Your Living Will
While there are pre-made living will forms available, seeking guidance ensures your document is complete and complies with your state’s laws:
- Attorney Consultation: An attorney specializing in estate planning can explain the legal requirements, offer tailored advice, and draft a legally sound living will.
- State-Specific Resources Many states provide official living will forms and detailed instructions online.
- Witnessing and Notarization: Most states require your living will to be signed in the presence of witnesses and sometimes notarized.
Additional Considerations
- Periodic Review: Revisit and update your living will periodically, especially after significant life changes such as marriage, divorce, or a major medical diagnosis.
- Sharing Your Wishes: Make sure your family, healthcare agent, and doctors have copies of your living will and know where to find the original.
- Personal Injury Lawyer: If your incapacitation results from an accident or medical negligence, consulting with a personal injury lawyer can protect your rights and ensure access to resources for long-term care.
Don’t Confuse a Living Will with Other Documents
- Living Will vs. Durable Power of Attorney for Healthcare: A living will focuses on medical treatments, while a power of attorney designates a healthcare agent to make broader healthcare decisions on your behalf. It’s advisable to have both.
- Living Will vs. Last Will and Testament: A last will and testament dictates the distribution of your assets after death. A living will addresses medical care while you’re alive.
A living will is a profound gift to yourself and your loved ones. By thoughtfully drafting this document, you ensure your healthcare wishes are honored and take steps towards having peace of mind regardless of what the future holds.
