A living will is a legal document that addresses future medical care for an individual. The person who will legally be trusted with making decisions on behalf of the will author is designated as a proxy in the living will document. If the person becomes disabled in the future and unable to make decisions about their health care, this will help avoid any confusion or mistakes.
Consequently, the proxy or representative should be someone the will creator trusts and who will be able to make decisions regarding their legal and medical needs. Depending on the context, living wills may also be referred to as powers of attorney, health care proxies, or advance health care directives (although each of these names may have slightly different implications).
How Do I Write a Living Will?
The laws of each individual state govern the making of living wills. Like with a typical will, most states need that you sign the document in front of one or two witnesses. Depending on the rules in your location, the signatures might or might not need to be notarized. Additionally, there can be laws in your state that limit who can serve as a witness.
A living will should ideally be drafted as soon as possible. By doing this, you’ll be able to ensure that you’re in good enough physical and mental shape to draft the document’s terms how you desire. It is best to draft a living will as soon as a new medical or physical condition has been identified, ideally before it worsens and renders you incapable of making decisions for yourself.
How Can I Be Certain That a Living Will Is Obeyed?
Even though you might become disabled in the future, it’s best to implement your living will immediately. You should make copies of the document and give them to everyone involved when it has been signed and formally acknowledged.
These may include individuals like:
- Your doctor;
- Relatives and members of the family;
- Close companions;
- Your lawyer or other legal counsel; and
- The medical records division of a hospital you would probably use close to your home.
You might also wish to give copies to them if you visit a doctor for a particular therapy or live in a nursing home, convalescent home, or both.
A card declaring that you have a living will can also be kept in your wallet. You could also want to include the phone number of someone with a copy. This will make finding and identifying the document easier, enabling your desires to be carried out as necessary.
Additionally, it’s a good idea to store your living will and other important papers in a safe deposit box with instructions on how to get to them in case of an emergency.
What Happens if I Wish to Modify My Living Will?
A living will is never required to be updated or renewed by law unless you desire to withdraw or terminate it. In general, you should inform anybody who possesses a copy of the living will that you intend to revoke it (even better, send them a formal notification).
You might need to ask a lawyer for help if you need to modify it for whatever reason. They are able to give you instructions on how to make the adjustments and have them certified so that they are enforceable in court. You could need to change the entire living will or a piece of it. You’ll probably need to have the revisions notarized and signed, witnessed, and re-signed.
If necessary, you might wish to think about revising your living will to:
- Adapt your medical care to your financial situation;
- Incorporate fresh developments in medical technology;
- React to new healthcare laws or modifications to existing laws;
- Choose new legal representation;
- Move to another state;
- React to numerous alterations in your personal health;
- Adopt new or different beliefs, particularly in relation to end-of-life care; or
- Make adjustments in light of a loved one’s passing.
Can I Modify or Write a New Living Will?
You can simply revoke or cancel the previous will and draft a new one if you cannot make changes to it for whatever reason. A living will be revoked by destroying it, but doing it in writing ensures that you have a record of the change. The identical procedure you used to construct the previous living will can be used to carry out a new will.
Once more, before you do anything, you may want to speak with a lawyer because each state has its own regulations involving living wills.
What Should a Living Will Contain?
Sometimes, it can be difficult to know what to include in a living will. It will take some planning on your part to make a living will. It might also call for the capacity to foresee unanticipated events that might impact you, your loved ones, and your estate.
In a living will, you should attempt to address as many issues as you can, such as:
- The name of the proxy and any relevant contract information
- Whether or not you want to undergo particular treatments, surgeries, medications, etc.
- What you want to happen if you require medical attention while you’re unconscious
- Whether the living will would end if you recovered
- Which doctor and/or hospitals have your consent to treat you
- Whether your religious beliefs will affect the kind of therapy you can receive
- What should take place if there is a legal disagreement over the instructions in the will
As you can see, a living will needs to take into account a variety of different issues. If you need help creating a living will or revising an existing one, you might need to speak with an attorney.
What Happens If I Dispute a Living Will?
Because the person who created the will may be incapable or in a comparable circumstance when the will is implemented, disputes involving living wills are frequently challenging. Typically, the proxy has the authority to act on behalf of the individual in legal matters. Therefore, it is strongly advised to give precise instructions about the power of the proxy.
If informal negotiations fail to resolve a disagreement, it can be necessary to initiate a lawsuit. As the court evaluates the pertinent documents, this can frequently explain any misunderstandings or mistakes. The court may award damages to make up for the plaintiff’s losses in circumstances of economic loss or financial disputes.
Do I Need an Attorney to Draft a Living Will?
Using living wills as a legal tool to handle future medical and legal issues can be highly beneficial. You might want to enlist the aid of a will lawyer for assistance with the preparation and revising of a living will as they frequently entail some extremely technical aspects.
Your local attorney can guarantee that your will complies with state regulations and can also provide you with legal counsel if you need to launch a lawsuit over the will. Your lawyer can assist in ensuring that the living will is written in a way that captures all of your wishes and complies with state regulations. An attorney can also help you resolve any disagreements or issues that may emerge concerning the living will.
