Despite its name, a living will is different from the wills that people use to give assets and property to others when they pass away. A living will, also known as an advance directive or direction to physicians, is a legal instrument that enables individuals to express their preferences for end-of-life medical care in the event that they are unable to do so on their own. After death, a living will loses its power.

If a person is unable to voice their preferences, it can provide family members and healthcare providers with crucial guidance. Without one, family members and medical professionals are left to infer what a seriously ill individual would want in terms of treatment. They might result in acrimonious arguments that could go all the way to court, or result in a course of action the patient did not want.

How Does One Create A Living Will?

As each state has different laws governing living wills, many people hire attorneys to draft their living wills. By using a high-quality software program that takes into account their state’s rules, the majority of people can produce this straightforward document and the other common estate planning documents without having to pay expensive legal expenses. You can take care of your living will at the same time as writing or updating a will or trust.

How Does Living Will Work?

Advance directive forms are available in many states, enabling citizens to express their preferences in as much or as little detail as they like. For instance, it’s typical to order “palliative care” — treatment to lessen pain and suffering — to always be administered, but not utilize certain “exceptional measures” like cardiopulmonary resuscitation (CPR) in specific situations.

A living will must adhere to state regulations involving notarization or witnesses in order to be accepted. An individual can revoke a living will whenever they please.

The agreement may go into force right away or only when it’s decided that the person can no longer express their treatment preferences. Even if it is implemented right away, doctors will, for the foreseeable future, communicate personally rather than through a written document.

A Living Will After Death

With the exception of some living wills or powers of attorney, which give healthcare agents the authority to make decisions about organ donation or autopsy, any authority granted by a living will ends when the person who made the document dies. This is in contrast to a traditional “last will and testament,” which has no effect while the will-maker is alive but becomes legally binding upon death.

Conclusion

If you’re caring for a loved one with dementia or if you’re battling dementia, it’s important not to overlook the significance of a living will. This document can give you, your family, and healthcare professionals guidance before you or your loved one passes away. Rather than engaging in troubling disputes, it is best that you get a living will to avoid any potential issues in the future involving you or your loved one’s care.

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