A living will is a way of letting your family and doctors know about your health care wishes in case you ever become unable to speak for yourself because of injury or illness. You may outline specific instructions about the type of care you would want to receive.
A living will is a document that can direct your doctor to withhold or withdraw life-prolonging treatment. You may also outline your desires to receive only those treatments that will relieve pain and provide comfort.
Depending on the state you live in, either a Health Care Proxy or a Medical Power of Attorney may also be executed. Within these documents, an individual of your choice is designated as your proxy/agent to make a full range of health care decisions for you only when you are incapable of communicating those decisions yourself.
Protect Yourself
A living will can help your loved ones do what's right if you become hurt or disabled.
Choosing Your Agent
It's imperative that you choose an agent you trust to make decisions for you. A good candidate is someone who knows your values and wishes, and who is likely to be available. Refer to your state's laws for agent eligibility requirements
How Your State of Residence Affects Your Plan
The laws of each state will dictate the use of these documents. For example, with living wills, your state law may decide at what point it goes into effect. It may also limit treatment to which a living will applies. Also, health care forms may differ in structure from state to state.
Where to Find Assistance
Begin your inquiry with your estate planning attorney. If you do not have one, ask your friends, family or colleagues for a referral. Your CPA, banker, financial advisor and insurance agent are also good resources, as these professionals frequently work closely with estate planning attorneys in assisting their clients.
The information and content contained herein are intended for educational purposes only and are not intended to provide legal, tax or other professional advice or to be relied upon. We encourage you to consult with an attorney, tax advisor or accountant.