Everything You Need to Know About Setting Up a Living Will and Power of Attorney
A living will details medical care preferences in the event you become terminally ill or incapacitated. It allows you to express your wishes regarding life-support treatment, which can include resuscitation, ventilation, and medication.
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While you can create a living will on your own, you should consult an attorney who specializes in estate planning to ensure it meets state regulations. This can prevent confusion, disputes, and potential legal battles over your medical preferences.
A living will is a legal document that states your wishes about the type of medical care you want in end of life situations. It also outlines your preferences about where you would like to die, what type of funeral you want, and whether or not you want to donate organs. A living will is a critical part of your estate plan and goes into effect only if you are incapacitated.
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A doctor must certify that your condition is terminal or irreversible and likely to lead to death within a short period of time to validate the living will. It is important to have your physician and at least one other person sign as a witness to the document. A notary public can perform this service, but the witness must not be a spouse or blood relative.
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Your living will can include instructions about life-prolonging procedures and treatments, such as cardiopulmonary resuscitation (CPR), mechanical ventilation, artificial nutrition and hydration through a tube, dialysis, or pain medication. It may also provide guidance for your choice to accept or decline such treatments if you become permanently unconscious or in a persistent vegetative state.
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A living will gives you control over your own destiny and helps family members avoid the burden of making difficult decisions on your behalf when you can’t express your desires. You can also create a separate document stating your preferences about resuscitation, known as a Do Not Resuscitate (DNR) order, which can be added to a living will or stand alone. Although you don’t need a lawyer to set up a living will, an attorney can help ensure that the document meets your state’s requirements and clarify any issues that may arise.
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A living will expresses medical treatment preferences in the event you become incapacitated. It can include what you would like to happen when you cannot speak for yourself, including if you want to be intubated or given CPR (or not). You can also specify your preferred treatment settings, such as a home or hospital. It can also cover comfort care and pain management, and whether or not you’d prefer to receive tube feeding.
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