Living Wills

Very few Americans expect or make time to prepare for unfortunate events like an accident or medical illness that might render them incapable of making their own decisions. However, this threat is a very real one. Legal fallout and arguments over who is responsible for decision-making, both financial and medical, can complicate already tragic situations.

What is a Living Will?

A living will is completely different from a personal end-of-life Will that is read upon your death. A living will is a legal document that allows you to stipulate what kind of medical care you are willing to accept in the event of an accident or catastrophic illness. A living will already has laid out the choices you have a right to make.

Do I Need One?

The current state of medicine and the complications of extended families and state legal systems have made it almost imperative to have a living will. Far too many people can become entangled in trying to decide what is best for you, ensuring years of legal red tape in the process.

You should absolutely have one if you have relationships not recognized by the state in which you reside. If you are involved in a same sex relationship, you should have a living will.

Preparing A Living Will

A basic living will can be found in any office supply store, either in hard copy or a software package that allows you to design your own. There are scores of online sources for living wills, too. Make certain that the document you are using is legal within your state of residence. Each state can have many different definitions of what constitutes a living will and what it should be called. Some states call them “advanced health directives,” while others simply allow you to name a power of attorney. There are also differences in regarding notarizing and getting witnesses to validate the document.

Power of Attorney

A power of attorney is a person you appoint to serve as your financial, legal or medical decision maker in the event that you become unable to do so for yourself. In some states the power of attorney takes the place of a living will, whereas in others, you name a power of attorney within the body of your living will. Your power of attorney should be someone you trust to carry out your wishes and someone who is willing to take on that responsibility.

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