Depending on your exact circumstances, a living will can be an important part of your estate plan. It can make your wishes clear to your loved ones and your doctors, ensuring you receive the care you would want if you can no longer make your own healthcare decisions. Here are five important things you need to know about living wills:
- You can designate which medical procedures you would allow:
- A living will allows you to designate what medical procedures you would consent to, or not consent to. This could include things like a Do Not Resuscitate (DNR) or Do Not Intubate (DNI) order, as well as other relevant provisions. Having a living will outlines your wishes and makes those wishes clear to both your family and your doctors.
- In most cases, Living Wills are legally binding on your doctors:
- Living wills are not just expressions of your personal wishes about your care. In many cases, they are binding legal documents that guide your doctors and other healthcare professionals about the kind of care you want to receive.
- It overrides a healthcare proxy:
- You can have a healthcare proxy, which gives someone else the authority to make medical decisions on your behalf, in addition to having a living will. In the event a living will conflicts with the decision made by a healthcare proxy, the directions in a living will typically prevails. This means you do not need to worry about the person in charge of your care overriding your personal wishes when you are unable to speak for yourself.
- It can reduce the chances of confusion or arguments:
- Living wills act as unambiguous statements of the wishes of the people who execute them. This can help minimize arguments between family members and doctors about what you would want. A Living Will can also minimize delay in your care that might result from confusion or disagreements over the appropriate course of care.
- It is part of a comprehensive estate plan:
- Ultimately, a living will is just one part of a complete estate plan that addresses your personal needs and desires. However, to know what would work best for you, you should speak with a lawyer experienced in estate planning issues. The lawyer can speak with you about your best course of action, and ensure you have a plan that suits your interests.
If you or a loved one are dealing with legal issues related to estate planning, or you are dealing with any other issue related to elder law, you will need specialized legal advice. The attorneys at Hobson-Williams, P.C. are skilled in all aspects of elder law, and are dedicated to representing clients with diligence and compassion. To speak to an attorney or to schedule a consultation, call 866-825-1LAW.
