Wills & Estate Planning: Living Wills Explained

Preparing for the inevitable may not be the most pleasant topic to discuss, but it is crucial nonetheless. A crucial part of this process is creating a will, a legal document that outlines how your assets will be distributed after your passing. But what does it mean to "live will living"? Let's dive into the world of wills and testaments, exploring living wills, their importance, and how they can provide you with peace of mind.

At its core, a will is a personal and legal declaration of how a person wants their property and assets distributed after their death. It's a powerful document that ensures your wishes are carried out, even after you're gone. However, many people often overlook an equally important type of will: the living will.

Understanding Living Wills

Also known as an advance directive, a living will is not like a traditional will in that it doesn't dictate what happens to your property. Instead, it outlines your wishes regarding medical treatment in the event that you are unable to communicate them due to illness or injury. It's a way of speaking up when you can't speak for yourself.

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A living will typically covers the types of medical treatment you do or do not want, such as life support, artificial nutrition and hydration, and pain management. It's a powerful tool that helps you maintain control over your healthcare decisions, even when you're not able to make them.

Why a Living Will Matters

A living will is not just a helpful document to have; in many cases, it's a necessity. Without a living will, your loved ones and healthcare providers may have to make difficult decisions without knowing what you would have wanted. This can lead to unnecessary emotional stress and conflict during an already challenging time.

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Moreover, having a living will in place can guide your medical team to provide care that aligns with your values and beliefs. It's a way of ensuring that your voice is heard, even when you can't speak.

Creating a Living Will

Creating a living will involves legal steps. You'll need to draft the document, following the specific rules of your state, and have it notarized. You should also discuss your wishes with your loved ones to ensure everyone is on the same page.

Many people choose to work with an estate planning attorney to help draft their living will. An attorney can ensure that your document is legally sound and that your wishes are clearly communicated. However, there are also online resources and forms available for those who prefer to do it on their own.

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Other Types of Advance Directives

While living wills are a crucial part of end-of-life planning, they're not the only type of advance directive. A healthcare power of attorney is another important document that allows you to appoint someone you trust to make medical decisions on your behalf if you're unable to do so.

Having both a living will and a healthcare power of attorney in place provides you with comprehensive protection and ensures that your healthcare preferences are respected.

Durable Power of Attorney for Healthcare

A durable power of attorney for healthcare (DPOA-H) is a legal document that gives someone else the authority to make medical decisions on your behalf. Unlike a living will, which only comes into play if you're incapacitated, a DPOA-H can be used at any time.

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You can choose anyone you trust as your healthcare power of attorney, such as a spouse, family member, or friend. You can also specify the types of decisions you want them to make, or leave it open-ended.

Having both a living will and a durable power of attorney for healthcare ensures that you have control over your medical care, no matter what the future holds.

Crafting a will, including a living will, isn't just about planning for the inevitable. It's about ensuring that you maintain control over your life, your healthcare, and your assets, even when you can't speak for yourself. By taking the time to create a well-thought-out will, you're providing a gift to your loved ones: peace of mind during an otherwise challenging time. So, don't wait. Start the conversation with your loved ones today about living wills and ensure your future is secure.