What Is A Living Will?
After creating a last will and testament, another important legal document that should be discussed is a living will. As technology continues to advance, the ability to keep people alive by using various life support systems is also increasing. Every individual has the right to decide whether or not they want to be kept alive by life support. A living will explains the wishes of an individual in the event they become incapacitated and there is no reasonable chance of recovery of normal brain function. Whether it is your wish to remain on life support or to abstain from life support, it is important to put your wishes into writing.
The living will outlines specific medical instructions that should be followed once an individual reaches a state where they are no longer able to convey or communicate their wishes to others. For instance, a living will would come into effect if an individual falls into an irreversible coma or a vegetative state. Additionally,
a living will specifies what types of treatment an individual wishes to receive once they become incapacitated with no chance of recovery. For example, the living will will request or decline cardiac resuscitation, mechanical respiration, artificial nutrition, blood products, and kidney dialysis, in such circumstances.
A power of attorney or agent can also be listed in a living will or in a separate medical power of attorney. The agent that is chosen should be trusted to make important medical decisions when you no longer can. This agent will be able to give consent or withhold consent regarding various types of care that were not listed
in the living will or in circumstances where the decisions your made are unclear. As a result, it is important to clearly convey what is to happen in the event you become incapacitated with no chance of recovery.
Lastly, the agent would use their best judgment as to when they feel it is time to release the living will to the doctors.
Once a living will is filled out, it is important to have it witnessed by at least two different witnesses. In many states the living will must also be notarized. These witnesses need to be of sound mind and body. Being of sound mind and body is important in the event the witnesses have to testify in court. Furthermore, the
witnesses should be independent and unrelated parties and should not have any personal benefit from the document.
Lastly, a living will can be changed or revoked at any time. It is important to review or update a living will when other estate planning documents are being updated. A living will should be reviewed and updated every five to seven years.
Please click the links, for more information regarding last wills and testaments or revocable living trusts.
For more information regarding living wills and other estate planning documents please contact our office at 610-933-8069.
