For many, a living will is a highly useful component of their estate plan, helping ensure you receive the care you wanted. However, many people are not aware of what a living will is, or how it could help them. Here is what you need to know about the benefits, and limitations, of a living will:
Explaining the Living Will
In simple terms, a living will is a document that lays out what sort of medical treatment you would, or would not, want if you were unable to communicate your wishes. This document takes effect when you become incapacitated, meaning that you are too seriously ill or injured to make your own decisions. Some common terms found in a living will includes things such as a Do Not Resuscitate (DNR) order, or a Do Not Intubate (DNI) order.
The Benefits of a Living Will
The biggest benefit to a living will is that you can lay out your desires ahead of time, so there is no question about what you would want when it comes to your treatment. It is also considered legally binding, meaning doctors and other medical providers must respect your wishes or face legal consequences. Even a healthcare proxy or court-appointed guardian cannot override any wishes expressed in your living will.
The Limits of a Living Will
No matter how well written, however, a living will has its limitations. It is impossible to plan ahead for every circumstance, and it can only cover issues related to your medical treatment. That is why it is still good to have a healthcare proxy in place, and why it is ultimately just one part of a more comprehensive estate plan.
What You Should Do
Estate planning is a complex matter, which is why you need skilled legal counsel to help you through your estate needs. That is why you should hire an experienced estate lawyer like Tanya Hobson-Williams, who can help you with your estate plan. She can go over your circumstances with you, and ensure you get the best possible outcome for your situation.
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.
