When it comes to estate planning, you’ve most likely heard people mention a couple of different types of wills, the most common being a “last will and testament.” But you may have also heard people talk about a “living will.”
Both describe important legal documents used in estate planning, but their purposes and the ways in which they work are very different. Here are some of the most critical things you should know about living wills.
What is a ‘Living Will’
A living will or “advance healthcare directive,” is a legal document that tells your loved ones and doctors how you want decisions related to your medical care handled in the event you become incapacitated and are unable to make decisions yourself, particularly at the end of life.
Specifically, a living will outline the procedures, medications, and treatments you would want -- or would not want.
Typically, an advance healthcare directive will include a living will (with instructions for how you want your medical care handled), and a medical power of attorney (naming the people you want making decisions for you and giving them authority to talk with your medical team).
Living Will vs. ‘Last Will and Testament’
A last will and testament is used to ensure your assets are divided upon your death in the way you choose. Note that your will only deals with your assets, and it only operates upon your death.
In contrast, a living will is about you and operates in the event of your incapacity -- not your death.
Living Will vs.
Medical power of attorney
A medical power of attorney allows you to name a person, known as your “agent,” to make healthcare decisions for you if you’re incapacitated and unable to make those decisions yourself.
While medical power of attorney names who can make healthcare decisions in the event of your incapacity, a living will explains how your medical care should be handled.
A living will is a vital part of every adult’s estate plan, as it can ensure your medical treatment is handled exactly the way you want in the event you become unable to communicate your needs and wishes yourself.
Additionally, a living will can prevent your family from undergoing needless stress and conflict during an already trying time.
Even young people need a Living Will
A living will is not only for older people. The fact is, you can experience a serious accident or illness at any age, which could leave you incapacitated and unable to communicate your wishes for medical care.
For this reason, all adults over age 18 should have both a living will and a medical power of attorney in place.
A few of the most common types of decisions, treatments, and scenarios typically addressed in a living will include the following: * Tube feeding. You can include instructions about if, and for how long, you would want tube feeding used to supply you with nutrients and fluids needed to prolong your life.
* Resuscitation (CPR & DNR, “Do Not Resuscitate”). Depending on whether or not you would want to be resuscitated in the event your heart stops.
* Pain management and palliative care: These are instructions about the types of pain management medications you would -- or would not -- want to be prescribed to you.
Communication is vital. Provide your agent(s) with a copy and let them know your wishes. Let them know you understand it may be hard to honor your wishes if you are seriously ill, but you have carefully made these decisions.
A living will and medical power of attorney are just two of the legal documents you need as part of your overall plan for incapacity. You also need a durable power of attorney in the event of disability or incapacity.
And everyone needs the other kind of Will, a Last Will and Testament. Don’t think of this as planning for death, but planning for those you love.
This article is a service of the Law Office of Lasca A. Arnold, PLLC.
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