What Is a Living Will?
A living will—also known as an advance directive—is a legal document that specifies the type of medical care that an individual does or doesn't want in the event they are unable to communicate their wishes.
Key Takeaways
- A living will is a legal document detailing the type and level of medical care an individual wants to receive if they are unable to make decisions or communicate their wishes when care is needed.
- A living will addresses many life-threatening treatments and procedures, such as resuscitation, ventilation, and dialysis.
- A person can appoint a healthcare proxy to make decisions regarding care when they are unable to do so.
- A living trust is a legal document that addresses how the assets of the incapacitated person should be managed.
- People can enlist the services of an estate planner or an attorney to help draft or review a living will.
Understanding a Living Will
Living 🦹wills and advance directives come into play only when an individual faces a life-threatening condition and is unable to communicate their desires for treatment.
Every state provides for the drafting of a living will, although some states call the document a medical directive or a health-care proxy. Some states let you prepare a detailed, customized living will, while others require you to fi🍒ll out a standardize𓂃d form.
What Is Included in a Living Will?
A living will addresses many of the medical procedures common in life-threatening situations, suc𒁏h as resuscitation via electric shock, ventilation, and dialysis. You can choose to allow some of these procedures or none of them. You can also indicate whether they wish to donate organs and tissues after death. Even if you refuse life-sustaining care, you can express the desire to receive pain medication throughout your final hours.
Important
People who 🌳reside or spend a lot of time in another state should ensurꦿe that their living will is valid in both places as rules vary per state.
In most states, you ෴can extend your living will to cover situations where there is no brain activity or where doctors expect you to remain unconscious for the rest of your life, even if a terminal illness or life-threatening injury isn’t present. Because these situations can occur to any person at any age, it’s a good idea for all adults to have a living will.
How to Make a Living Will
Before making a living will, it's best to understand that it will not serve as a last will and testament, where property a💧nd personal effects are allocat🦂ed to others upon death. A living will stipulates the type and levels of medical care you receive if you are incapacitated and how long you will receive that care for.
When creating a wi🍌ll, cꦍonsider how you want to integrate your personal or religious beliefs into the care you receive.
It might be helpful to segment the living will into categories of care. You could first identify the circumstances in which care should be extended to preserve life and what types of life-saving or preserving care, ไsuch as blood transfusions and dialys🍨is, should be administered.
I🌳nclude a category to address whether you want care if you are in a vegetative or unconscious state. Indicatꦰe where you want to receive medical care: nursing home, at home, or in some other facility. You can also request how nutrition will be provided.
Another category to consider is pain management. Indicate the types and levels of treatment to manage pain. You can further break down this category into life-sustaining pain management and pain managementᩚᩚᩚᩚᩚᩚᩚᩚᩚ𒀱ᩚᩚᩚ in lieu of life-sustaining care.
If you have family or friends who will be responsible for overseeing your❀ care, discuss your plans with them. It might be helpful to include them in the decision-making process as they might have insight into areas otherwise overlooked when planning alone. Lastly, enlist the help of a professional, such as an estate planner or an attorney. These experts can help you make decisions for the best possible outcomes.
Healthcare Proxy
In addition to a living will, you can select a health-care proxy who is allowed to make decisions if you are incapable of making those choices. Some states call this individual a healthcare 澳洲幸运5开奖号码历史查询:power of attorney. Living wills cover many medical decisions, but a health-care pro❀xy can consult with the doctor on other issues that may arise.ღ
When facing the loss of a loved one, families often disagree over treatment, so having a healthcare proxy can reduce confusion over your final wishes. You should discuss 🏅wishes with the proxy b♔efore naming this person and be sure the proxy is willing to follow through with your desires.
Living Will vs. Living Trust
Although a living will and a living trust are different. A living will involves how you will be cared for if you're in a compromised or incapacitated state. This medical directive terminates upon your death.
A living trust deals with the property and assets of an incapacitated person. The trust essentially becomes the new owner of the assets. Under the living trust agreement, a trustee, or the person or personsꦉ responsible for managing the assets, is iden💝tified. Just as a living will deals with a living person, a living trust deals with the assets of a living person. They are both executed when the initiator lacks the capacity to make decisions for themselves.
Do I Lose Control of My Living Will If I Appoint a Proxy?
You will not lose control of your living will while you have the ability or capacity to make decisions. If incapacitated, the proxy h꧟as the legal authority to act on your behalf, making decisions about your heal꧟thcare.
Review the living will with the proxy to ensure they understand your wishes and agree to enforce them when nee﷽ded.
What Is the Difference Between a Living Will and a Last Will and Testament?
A living will addresses the type of☂ medical treatment you will receive if you are unable to make decisions for yourself.
The last will and testame🐽nt addresses how your assets will be allocated or disposed of upon y▨our death.
What Is a Bank’s Living Will?
A bank's living will is a legal report filed annually by companies instructing how the business will be liquidated in the event of 澳洲幸运5开奖号码历史查询:insolvency. Banks with at least $50 bil🍷lion in assets are required to file a living will with regulators.
The Bottom Line
A living will is a legal document that specifies the desired medical care an individual wishes to have if they lose 🎐the ability to communicate. In the case of an unconscious person who suffers from a terminal illness or a life-threatening injury, doctors and hospitals consult a living will to determine whether or not the patient wants life-sustaining treatment, such as assisted breathing or tube feﷺeding.
In the absence of a living will, decisions about medical care become the responsibility of the spouse, family members, or other 澳洲幸运5开奖号码历史查询:third parties. These individuals may be unaware of the patient’s desires, or they may not wish to follow the patient’s unwritten, verbal direಌctives.