Living Wills and Estate Planning

A living will is a document you draft that stipulates what kind of treatment you want or don't want in the event of an unrecoverable illness or injury that leaves you unable to speak for yourself. It gives you the power to refuse extraordinary measures that would keep your body alive when there is no hope of recovery, and when you would choose, if able, to die a natural death.

People have differing attitudes and beliefs about what constitutes life and quality of life. For some, their religious beliefs dictate that any form of life is sacred and should be preserved as long as is humanly possible. Others believe life ends when the brain ceases to function and that life-support in this state is a form of dehumanization and a burden on loved ones, emotionally and economically.

A living will allows you to make your desires known on this issue. Without a living will or advance directive, it is incumbent on the hospital or healthcare facility to continue to provide life support, unless a spouse comes forward to relay your (unwritten) wishes and ask that life-support be suspended. If there is no spouse, the closest living relative can speak for you. However, requests to stop life-support without a living will or advance directive in place can be met with resistance by other family members, friends, and even unaffiliated parties with political agendas, including members of government.

A living will only comes into play when multiple conditions have been met. The will must be legal and in the possession of your doctor. Your doctor must further find that your condition precludes you from making a competent decision about the care you wish to receive. Lastly, a second doctor must concur and both physicians must also find you to be terminally ill or permanently unconscious.

Living wills can be drafted by lawyers, via software programs, or by simply writing out your wishes and desires; it's best to follow an official form as the language will not leave room for ambiguity, and laws that regulate living wills vary from state to state. The document requires a signature and the signing should be witnessed by two people who also lend their signatures as proof. Alternately, you can have it officially notarized. A copy should be given to your doctor to be kept in your file. If at any time you change your mind about the conditions you set forth for yourself, you are free to retrieve and destroy all copies of the existing will, and replace it with a newly drafted and notarized document.

1.Though the task of making a living will may not be a joyous one, it is not only in your best interest but in the best interest of loved ones. An advance directive also allows you to stipulate what kind of medical care you wish to receive, or do not wish to receive, and can be as detailed and specific as you like. Your children: Be aware that your wishes may not necessarily be the same as their wishes - you should try to avoid disagreements among your children by carefully spelling out your wishes in a Living Will;

2.Your physician and HMO (if applicable): Have original copies of your Living Will made a part of your medical record so that it is clear to your health care providers what your wishes are.

But other types of medical issues that do not include life support may arise. For example, you also make decisions on which procedures or surgeries to have. Who will step into those cases if you become incapacitated? A living will does not allocate property rights or estate, which is covered in a standard will, often referred to as the last will and testament.

Copyright 2006 Ronald Hudkins

Rate Article

Related Videos
Play Video Firefox 101 - #1 - Getting Started with Firefox	Play Video How to Write a Living Will	Play Video Getting to Know Windows Live and Spaces - #7 - Windows Live Games and More	Play Video PIONEER CDJ-400 Native Control for Serato Scratch LIVE Demo	Play Video PIONEER CDJ-400 Native Mode Control for Rane Serato Scratch LIVE Demo

Listed below are more articles related to the above article from the "Living Will" article category.

People interested in the above article "Living Wills and Estate Planning" are also interested in the related articles listed below:

 

What to Think about When Changing Your Will

Making a will can be an emotionally challenging experience. The fallout from a poorly or provocatively worded will can cause a huge amount of pain for those you love, and can lead to schisms that would cause you no small amount of heartache if you were to witness them. The importance of getting a will just right is all the more important because you cannot be called back to iron out any inconsistencies in the wording – or any omissions.

What is a Will... Really?

Your will – otherwise known as your Last Will and Testament – is effectively your last word on this planet. It is what will be left when you have passed away, and its intention is to divide up your remaining material possessions amongst your loved ones in a fair and even manner so that disputes over such items can be avoided. A will allows you to put your affairs in order and have one less worry in your final days.

Historical Wills and Famous Final Words

Leaving items behind for your loved ones means the chance to leave a final gift that will provide them with something to remember you by. It also means an opportunity to see to it that, if you have made a large amount of money and saved it, your family will never need to know financial hardship should times get tougher. Making a will allows you to have your final word, and because it is legally binding it is one list of wishes that will come true. This is an opportunity to get things right and leave a legacy for which you will be remembered. So it is as good a time as any to be completely sure about what you say.

Wills and Why You Need Them

Most people think that a Will is only for people who want to set up trusts or save on estate taxes. The primary reason for making a Will, however, is to leave your property to those you care about in the manner and proportions you choose. This article discusses the basics of writing a will.

Living Wills and Health Care Directives – What is Involved?

What is involved in creating a Health Care Directive? They typically have 3 basic parts. 1) Appointment of the Health Care Agent, 2) Health Care Instructions, and 3) Making the Document Legal.

Indians Shy Away from Making 'Wills'

Indians shy away from accepting the fact that they will die like all mortals. Since making a will is a tacit acceptance of the fact that one will die someday, Indians shy away from making their wills and die intestate leaving behind inheritances that lead to disputes and acrimony.

Will Your Advance Directive Survive You?

An advance directive is also known as a living will form, and it is a document that specifies your wishes if you become mentally incapacitated or unable to communicate those wishes to your health-care provider yourself. In a living will form you can specify whether or not you want specific treatment or life support.