Living Wills - 5 Common Questions
Living wills are a great way to express your wishes for end-of-life care, but they can be confusing at times. Here are five common questions about living wills and what you should know about them.
What is a living will?
A living will is a legal document that states what medical treatment you want if you are unable to make these decisions yourself. It can be used to decide whether or not you want to receive life-sustaining treatment (such as CPR) and it can also be used to appoint a health care agent.
For example, in the event of sudden incapacitation, you may no longer have the ability to make decisions about your own welfare, but if you have chosen beforehand which treatments you would like and which ones you would not like, then your wishes can still be respected by those caring for you.
How do I write one?
Just like with a will, the best way to start writing your living will is by thinking about what you want. Are you absolutely certain that you don't want life-sustaining treatment? Do you have any religious or moral objections to being fed through tubes if your condition worsens? Is there any particular way that you would like to be cared for in the event of a terminal illness or injury? You can write down these wishes on paper and keep them somewhere safe or share them with loved ones so they know what's important to you. Even if there are some things that are not up for discussion, making this list and sharing it will help everyone involved understand what matters most at this point in time.
Once all that is done, it's time to actually draft the document itself! This is where having a lawyer review what you've written comes into play—they'll make sure everything is structured correctly and spelled correctly so there aren't any misinterpretations later on down the line.
Do I need a lawyer to write one?
If you're writing a living will, it's always best to get some advice from an experienced estate planning lawyer. In some states and circumstances, there are specific requirements that must be followed when drafting a living will so it's important to make sure your document complies with local laws. You want to speak with someone who specializes in estate planning since we know the most about how these documents work under the law. In addition, having another person look at your completed document could help you feel confident that all of the information included is correct and concisely written.
What happens if I don't write one?
If you don't have a living will, your family may have to go through a lengthy court process to determine what's best for you. This could include gathering evidence about your wishes and preferences for end-of-life care, as well as calling witnesses to testify about what they know about your values and goals.
If there's any dispute over whether this is the right thing for you, doctors are often asked to make decisions based on their professional judgment of what would be best for the patient—which could mean giving CPR even if it wasn't something the person would want in life.
Can I change my mind?
Yes, you can change your mind at any time. You can write a new living will and revoke the old one.
Conclusion
While they may seem like a confusing topic, living wills are actually pretty simple. They allow you to dictate the kind of medical care you want if you are unable to communicate your wishes for yourself. A living will can save time and money for everyone involved in your care if it's written correctly and kept up-to-date.
We hope we've answered all of your questions about living wills so that you feel confident about creating one for yourself.
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