No one likes to think about the possibility of being unable to make medical decisions for themselves. And understandably, you likely have preferences when it comes to end-of-life care. A living will can help you communicate them.
What is a living will? In essence, a living will is a type of advance directive that outlines the medical treatments you want (and don’t want) to have. If you become unable to express your wishes for medical treatment, your living will can express them for you.
What Is the Purpose of a Living Will?
Living wills don’t usually include provisions for every kind of medical treatment — they typically address end-of-life care or medical situations where you’re otherwise unable to make your own decisions. Living wills usually address scenarios like:
- Whether you consent to being placed on a ventilator or respirator
- Whether you want a do-not-resuscitate order (DNR)
- Whether you want artificial nutrition and hydration (feeding tube)
- Whether you want to remain on life support if you’re in a vegetative state
- Whether you consent to organ donation
- Whether you want to be given pain medication (and which types of medication you want or don’t want)
If you have a particular medical condition that might make it impossible to communicate your healthcare wishes, your living will should address these possibilities as well. An estate planning attorney can ensure that your living will is sufficiently detailed and meets the state’s requirements to be an enforceable legal document.
Benefits of a Living Will
Why is a living will necessary? Creating a document detailing what kinds of medical care you want if you become incapacitated has many benefits for both you and your loved ones, some of which you might not even be aware of. Here are some of the primary living will benefits:
It Serves as Your Voice When You Can’t Communicate
For many people, the inability to be involved in decision-making for their own medical care is a scary thought. A living will can give you the peace of mind that comes with knowing that your loved ones will be able to guide your care if you can’t communicate directly.
It Saves You From Unnecessary Pain
When faced with the possibility of life-sustaining treatment, many people prefer to receive palliative care, which focuses on minimizing pain and optimizing quality of life.
Depending on your medical circumstances, being placed on life support may seem like a way to prolong your suffering when there’s no realistic chance of recovery. If you’d rather avoid such a situation, it’s essential to have a living will.
It Spares Loved Ones From Having to Make Tough Care Decisions
If you’re suffering from a terminal illness or serious injury and death is the most likely outcome, your loved ones will have to decide whether to continue life-sustaining treatments or let you pass away. This kind of dilemma can be incredibly difficult even at the best of times, but grief makes it harder to think clearly.
The emotional impact of this decision doesn’t stop after your death, either. The family members responsible for making the call to take you off life support (or keep you on it) may question themselves for years, hoping what they ultimately decided is what you would have wanted.
It Reduces the Possibility of Family Conflict
Many people have strong opinions when it comes to what kind of end-of-life care is ethical. If different family members have different opinions (and there’s no advance directive to tell them what you want), it could lead to fighting, tension, and damaged relationships for your loved ones.
It Lets You Arrange Payment Ahead of Time
It might seem unnecessary to address issues like paying medical bills when you’re thinking about end-of-life care. However, if you have the means to do so, specifying how you want to pay for medical costs can prevent those you care about from having to deal with medical bills when they’re already overwhelmed with pain and grief.
Is a Living Will the Same as a Healthcare Power of Attorney?
Living wills and healthcare powers of attorney are both legal documents that address healthcare decisions, but they’re not the same thing. A living will outlines your preferences for medical treatment, while a power of attorney gives a specific person (known as a healthcare proxy) the authority to make medical decisions on your behalf.
Both options have their benefits, and fortunately, you don’t have to choose between the two. An estate planning lawyer can help you create a legal document called an advance healthcare directive. This document effectively combines a living will and medical power of attorney.
When it comes to advance healthcare directives, there’s no universal template that’s right for everyone. Medical care is a uniquely personal matter, and your estate planning attorney can ensure that your directive is tailored to your specific goals, wishes, and medical situation.
How to Set Up a Living Will
A living will isn’t a document you should quickly throw together — after all, it quite literally deals with matters of life and death. As such, you should take the time to ensure that each decision you make is an informed one.
Here’s a look at the key steps involved in creating a living will:
Reflect on Your Medical Options
Before deciding which medical treatments you want and don’t want, it’s important to have a thorough understanding of the available treatments. If you’d like to talk to a doctor or other healthcare professional about these options, your attorney may be able to connect you to one.
Throughout this process, you should take time to reflect on what you’ve learned, your personal values, and what you want when it comes to end-of-life care. It’s worth reiterating that this isn’t a decision you should rush.
Choose a Healthcare Proxy if You’re Establishing a Healthcare Power of Attorney
Many people choose to create a healthcare power of attorney when creating a living will. In order to do so, you must select a trusted person who’s qualified to make medical decisions for you.
When choosing your proxy, don’t just consider your relationship with the person. Assess their ability to think and act clearly under pressure. You must be confident that the individual will make medical decisions that align with your wishes, even if other loved ones are pressuring them to do otherwise.
Work With an Attorney to Draft Legal Documents
Once you’ve outlined your preferences, you can begin drafting your living will with an attorney’s assistance. Your attorney will likely ask you additional questions about your treatment preferences, as it’s essential to use precise language to avoid confusion and legal ambiguity.
Make Sure the Will Is Legally Enforceable
Different localities have different requirements for making a living will legally valid. In just about every case, however, you’ll need to have the document notarized and signed by two witnesses.
Distribute the Will to Your Loved Ones
Your living will won’t do any good if no one in your family knows about it. After drafting the document, make it a point to give copies to your loved ones, or at least those likely to be involved in your medical care. If you update your living will in the future, make sure all family members have a copy of the most recent version.
Get Professional Help Writing a Living Will
At Hunter Sargent, PLLC, we understand that thinking about end-of-life decisions can be stressful. It also can be logistically confusing — many people aren’t familiar with the various life-sustaining treatments available, and you might find that you need to learn more about each one before you finalize your living will.
Our skilled team of estate planning attorneys has helped countless individuals find peace of mind through advance healthcare directives. If you’re ready to create your living will, contact us today to schedule a consultation.