When it comes to estate planning and wills, you have a variety of options for legal documents. The most common of these options is a “last will and testament,” which is also known simply as a “will.” A “living will” provides for your wishes in end of life situations. Both terms describe important legal documents used in estate planning, but their purpose and function differ significantly.
A living will, also called an advance healthcare directive, is a legal document that tells your loved ones and doctors how you would want your medical care handled if you become incapacitated and cannot make such decisions yourself, particularly at the end of life. Specifically, a living will outlines the procedures, medications, and treatments you would want and would not want to prolong your life if you cannot make such decisions yourself.
For example, within the terms of your living will, you can articulate certain decisions, such as if and when you would want life support removed should you ever require it and whether you would want hydration and nutrition supplied to prolong your life.
Beyond instructions about your medical care, a living will can even describe what type of food you want and who can visit you in the hospital. These are critical considerations for your well-being at a time of greatest need for you. If you haven’t provided any specific instructions, decisions will be made on your behalf that you may or may not want.
Living Will vs. Last Will and Testament
Upon death, a last will and testament ensures your assets are distributed as you choose. Note that your last will only deals with your assets and only operates upon your death. In contrast, a living will is about you, not your assets, and it operates in the event of your incapacity, not your death. I really dislike the use of “living will” and prefer to use another term, which is a “Physician’s Directive” because the purpose of the document is to instruct your doctors regarding what you want at the end of your life medically.
Living Will vs. Medical Power of Attorney
A medical power of attorney is the part of an advance healthcare directive that allows you to name a person, known as your “agent,” to make healthcare decisions for you if you are incapacitated and unable to make those decisions yourself.
Simply put, the medical power of attorney names those who can make medical decisions in the event of your incapacity (which may not necessarily be end of life), while a living will explains how you would want your medical care handled at the end of your life.
Why Having A Living Will Is So Important
A living will is a vital part of every adult’s estate plan, as it can ensure your medical treatment is handled exactly the way you want if you cannot communicate your needs and wishes. Additionally, a living will can prevent your family from undergoing needless trauma and conflict during an already trying time.
Without a living will, your family would have to guess what treatments you might want, and your loved ones are likely to experience stress and guilt over the decisions they make on your behalf. In worst cases, your family members could even end up battling one another in court over who should manage your medical care and how.
Should You Rely On A Living Will Created Online?
Regarding your medical treatment and end-of-life care, you have unique needs and wishes that cannot be anticipated or adequately addressed by generic documents or without the counseling and guidance we can provide through your decision-making process.
To ensure your directives are tailored to suit your unique situation, work with experienced estate planning professionals to support you to create and/or review your living will.
How We Can Help
Even if you have a professionally prepared and well-thought-out living will, it won’t be worth the paper it’s printed on if nobody knows about it. A living will comes into effect the second you sign it, so you should immediately deliver copies to your agent, alternate agents, primary care physician, and other medical specialists. There are also services through your state or companies like Docubank or My Life and Wishes (available at a discount through Desmond Law) that will store these documents online so it’s easy for healthcare providers to access them.
Additionally, don’t forget to update these documents every few years and give the agents and healthcare providers new versions (and have them destroy the old documents). Contact us today to get this critical document, and any other estate planning documents, in place.
This article is a service of Desmond Law, Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.