Why Every Adult Needs a Living Will
Arati Bhattacharya
Seasoned Lawyer for Modern Day Businesses and Families | Legal Disruptor | Collaborator | Philanthropist
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.
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 likely won’t want.
Living Will vs. Last Will And Testament
Upon death, a last will and testament ensure 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. It operates in the event of your incapacity, not your death.
In other words, a?last?will tells others what you want to happen to your wealth and property after you die, while a?living?will tells others how you want your medical treatment managed while you’re still alive.?
Living Will vs. Medical Power of Attorney
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’re incapacitated and unable to make those decisions yourself.?A medical power of attorney names those who can make medical decisions in the event of your incapacity, while a living will explains how you would want your medical care handled during your incapacity.
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.
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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?
While there’s a wide selection of living wills, medical power of attorney, and other advance directive documents online, you likely want more guidance and peace of mind than is available through an online service to support you to address such critical decisions adequately. 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 us?to create and/or review your living will.
How We Can Help
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. Additionally, don’t forget to give those folks new versions whenever you update those documents and have them destroy the old documents. Delivering the latest copies of your living will and other estate planning documents is a standard part of our process. We ensure that everyone who needs your documents always has the latest version.
Since unforeseen illness or injury could strike at any time, don’t wait to plan your will.?Contact us?to get this critical document in place.
AB Law, PLLC is a full-service business law and estate planning firm that serves clients throughout Texas. All consultations are free and no question is too silly, ridiculous, or complex.?https://calendly.com/ablawpllc?www.ab-firm.com