What is a Living Will?
A Living Will, also known as an Advance Directive or Advance Healthcare Directive, is a legal document that allows an individual to express their medical treatment preferences and end-of-life wishes in advance. It is used to guide health care decisions in the event the individual becomes incapacitated, terminally ill, or unable to communicate their preferences regarding medical care. A Living Will is a crucial component of advance care planning, ensuring that a person’s wishes are respected and followed when they cannot make decisions for themselves.
Here are key points to understand about a Living Will:
- Medical Treatment Preferences: A Living Will typically outlines an individual’s preferences regarding specific medical interventions and treatments. This can include decisions about life-sustaining treatments such as CPR (cardiopulmonary resuscitation), artificial ventilation, tube feeding, and more. It may also address issues like organ donation and pain management.
- Terminal Illness or Permanent Unconsciousness: Living Wills often come into effect when the person is diagnosed with a terminal illness or is in a persistent vegetative state with no hope of recovery. The document may specify the conditions under which the Living Will becomes active.
- No Medical Decision-Making Authority: Unlike a Health Care Power of Attorney (HCPOA), a Living Will does not appoint a healthcare agent or attorney-in-fact to make medical decisions. Instead, it provides written instructions to guide healthcare providers and family members in making decisions in accordance with the individual’s wishes.
- Revocability and Amendment: A Living Will can usually be revoked or amended by the individual at any time, as long as they are of sound mind and capable of making such decisions. It is essential to update the document if preferences change.
- Communication: Individuals are encouraged to discuss their Living Will with their healthcare providers, family members, and designated healthcare agents (if appointed) to ensure that everyone is aware of their wishes.
- Complementary Documents: In addition to a Living Will, individuals often create a Health Care Power of Attorney (HCPOA) to appoint a trusted person to make healthcare decisions on their behalf. These two documents can work together to provide comprehensive guidance on medical care.
A Living Will helps to relieve the burden on family members and healthcare providers who may otherwise struggle with making difficult medical decisions on behalf of an incapacitated loved one. It ensures that the individual’s values and preferences are respected during challenging healthcare situations. We can help with your estate planning needs. Contact the Law Offices of Austin Vandeveer online today to get started and speak with an attorney about the specifics of your needs.