Blog

18Oct
2019

Living Wills Explained

At some point during the estate planning process, you’ll likely have to address your final wishes, including what type of lifesaving medical care you want to receive and when you want to be taken off life prolonging care. A Living Will answers many of these questions and allows individuals to legally document their end-of-life healthcare preferences.  This directive will be a great relief to family and friends who care about you.  

Explaining Your Healthcare Wishes and Preferences

A Living Will is also known as an advance directive. Its primary goal is to outline an individual’s wishes regarding end-of-life medical treatment. This document can be used to reflect a wide range of preferences. For example, someone might want all possible lifesaving measures to be used if they are unable to communicate their wishes, while someone else might want to refuse all lifesaving measures if there is no hope of recovery.

Drafting a living Will takes a lot of pressure off of family members. In the absence of an individual’s advance directive, family members have to guess at what type of care they might want. If there are disagreements, they can turn into costly legal disputes that drag on in court. A succinct and legally-binding advance directive provides clear direction to medical care providers.

When Is a Living Will Valid?

A Living Will is only valid for as long as the named individual is alive. The Living Will acts in tandem with your healthcare agent designation allowing the named healthcare agent to make final decisions regarding cremation or other burial options. To be legally valid, a Living Will needs to be notarized or be signed in front of witnesses. A Living Will can be revoked whenever the individual chooses.

A Living Will as Part of Your Estate Plan

It’s important to discuss your estate planning needs with an experienced attorney who can determine exactly which documents are needed to preserve your assets, protect your finances, and enforce your healthcare preferences. A Living Will is an essential part of many estate plans, particularly if there are multiple family members who may be legally permitted to decide when to continue or revoke care. In these situations, a Living Will prevents arguments that divide the family.

However, it’s important to note that a Living Will is not an estate plan in and of itself. While it does specify your medical care preference, it does not allow for management of your finances or outline asset distribution. A Living Will, along with a healthcare agent, power of attorney and  last will and testament or trust, can cover your estate planning needs. 

Estate planning can be overwhelming, but with the right assistance, you can feel confident about your choices. Reach out to VKBAR Law today to schedule a consultation.