Why You Should Draft a Living Will Sooner Rather Than Later
Most folks have strong opinions about the kind of medical care they will receive if they should become incapacitated but aren’t aware they have the power to put those wishes into a legal document. A living will discusses whether or not you want every measure taken to save your life (such as the DNR order). You can also refuse certain types of medical intervention.
Meanwhile, a last will and testament distributes assets, such as real estate and investments, and directs your family members on what to do after you pass. The living will on the other hand is a separate document that addresses healthcare decision-making when you are unable to express your wishes because you are in a coma or at the end stage of a terminal illness.
There’s considerable confusion about end-of-life issues in hospitals and emergency rooms. A living will removes those ambiguities and clarifies your desires when it comes to medical treatment.
Everyone should have a last will and testament and a living will. However, only about 1/3 of people do. Older people are more likely to have a living will than younger people. But far too many do not have any essential estate planning documents in place.
Living wills could be extraordinarily specific. For example, you may want to receive artificial hydration but not artificial respiration. You can direct the hospital to play music by your bedside. You can tell your loved ones whether or not you want to receive a visit from the chaplain.
While different states call a living will by different names, most states have one called an advanced directive which includes the living will. You will also want to have a healthcare proxy and a document naming the individual that you want to make healthcare decisions for you when you are unable. Your healthcare proxy will be the individual who follows the instructions in your living will.
Those who become incapacitated without a living will create confusion and stress for their loved ones. For example, let’s imagine you have 3 adult children. None of the adult children know what kind of care you want. What would they do if the doctor asked them?
Another potential problem is ensuring that your healthcare proxy knows where your living will is and has read the document. In some cases, advanced directives can’t be carried out because no one can find the living will. Your living will should be with your estate planning documents and important people in your life should know where they are and be able to access them at any time.
If you have a living will, your healthcare proxy should have a copy of it. You can also ask your doctor to include it in your patient chart or on the portal.
Lastly, you want to ensure your living will is up to date. As you age, you can acquire certain conditions that require ongoing care. As you age, these illnesses will change your health, and you may feel differently than you did when you originally drafted the living will. The most recent living will be the one that’s used by healthcare professionals.
Creating a living will is a critical step in your estate plan. Ensuring that your healthcare wishes are known provides clarity and reassurance to your family, significantly reducing their stress.
Talk to a Virginia Beach Estate Planning Attorney Today
The Law Office of Angela N. Manz represents the interests of Virginia Beach residents who are looking to update or draft a new estate plan. Call our Virginia Beach estate planning lawyers today to schedule an appointment and we can begin guiding you toward a comprehensive estate plan right away.
