Many people have strong opinions about the medical care they’d want if they were unable to communicate, but they often don’t realize they can document these preferences in a legally enforceable way. A living will ensures your healthcare choices are honored, whether you wish to receive life-prolonging treatment, refuse medical intervention, or take a middle-ground approach.
A living will is a legal document that outlines your preferences for medical treatment if you become incapacitated due to an accident, illness, or end-stage condition. It is different from a last will and testament, which dictates how your assets are distributed after death. Instead, a living will provides clear instructions to doctors and loved ones about your end-of-life care, reducing uncertainty and ensuring your wishes are followed.
Without a living will, medical decisions often fall to family members who may be unsure of what you would have wanted, potentially leading to stress, disagreements, and difficult choices.
Despite its importance, only about one-third of people have a living will. Older individuals are more likely to have one, but younger people should not overlook its significance. Accidents and sudden illnesses can happen at any age, making it essential for everyone to have a plan in place.
A living will allows you to:
✔ Specify whether you want life-prolonging treatments such as artificial hydration, nutrition, or ventilation.
✔ Include personal preferences, such as having music played at your bedside or receiving spiritual support.
✔ Reduce confusion and emotional distress for your family in critical moments.
Some states use different terminology, but in most cases, a living will is part of an advance directive—a broader document that may also include a healthcare proxy (or medical power of attorney).
A healthcare proxy is a designated person who makes medical decisions on your behalf if you’re unable to do so. This individual ensures that the instructions in your living will are carried out and can also make decisions in situations not explicitly covered in the document.
Having a living will is crucial, but it’s just as important to ensure the right people can access it. Consider these steps:
✔ Inform Key People: Let your family, healthcare proxy, and attorney know where your living will is stored.
✔ Share Copies: Provide copies to your healthcare proxy, doctor, and, if possible, include it in your medical records.
✔ Keep It With Your Estate Plan: Store your living will alongside other essential estate planning documents for easy access.
Your healthcare preferences may change over time due to aging, medical advancements, or personal beliefs. It’s essential to review and update your living will periodically, ensuring it reflects your current wishes. The most recent version with the latest date will be the one used by medical providers.
A living will is a vital part of your estate plan, providing clarity and peace of mind for both you and your loved ones. At The Werner Law Firm, our experienced estate planning attorneys can help you create a comprehensive plan, including living wills, healthcare proxies, and other essential documents tailored to your unique needs.
If you have any questions, schedule a free appointment with us through our online appointment page.
You can also read reviews from some of the hundreds of clients we have helped over the years.
Reference: The Wall Street Journal (Dec. 2, 2024) “A Living Will Covers Your Most Important Asset: You”
Founded in 1975 by L. Rob Werner, The Werner Law Firm and our dedicated attorneys are available for clients, friends, and family members to receive the legal help they need and deserve. You can trust in our experience and reputation to help navigate you through your unique legal matters.
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