NOTICE: THIS DOCUMENT IS INTENDED TO OFFER
GENERAL INFORMATION REGARDING LEGAL ISSUES. IT DOES NOT CONSTITUTE
LEGAL ADVICE. READERS ARE ENCOURAGED TO CONSULT AN ATTORNEY FOR
LEGAL ADVICE IN LIGHT OF THEIR OWN CIRCUMSTANCES.
Should
your estate plan include a Living Will?
Advances in
medical technology have done wonders to improve the quality and
length of many lives. However, for all the benefits that have come
and all the lives improved, there are some cases where the advances
actually cause an outcome that is contrary to the wishes of the
person cared for.
As a result of age, accidents, or other
health concerns people sometimes end up in a situation where their
life is prolonged by artificial means even though they have no
ability to understand their surroundings and never will again. When
asked, many people tell us that they would not want to be kept alive
by machines or feeding if in a terminal condition. Moreover, many
people have expressed this to a loved one and asked that their
wishes be carried out.
The problem that exists is that asking a
family member to carry out these wishes does not satisfy the law. In
order to have these intentions followed they must be memorialized in
a Living Will. Absent such a document, there may be nothing to
compel your physicians to remove you from life-sustaining treatment.
The Living Will acts as a directive to your
physician. It states that if your physician and at least one other
agree that you are in a terminal condition from which you will not
recover, they are to remove you from life-sustaining treatment.
It is from you to your physician. You need
not rely on anyone else to make the decision. This is important for
two reasons. First, where a person has a conviction against being
kept alive by artificial means, they would not want to entrust that
decision to another person (even though this could be done as one
portion of a Health Care Power of Attorney). The person could become
uncomfortable carrying out the wishes. The second concern is that
many people do not want to burden a loved one with the task of
removing them from machines. Many are concerned that this would
leave some sense of responsibility with them. This is all avoided by
a Living Will.
The need for a Living Will has been brought
to the forefront by some publicized cases where family members have
resorted to lawsuits and even legislative intervention in attempts
to discern the intentions of terminal patient and the proper course
of action. All such cases would be avoided if only the patient had
made their wishes clear in a Living Will. It is an easy way to
ensure that your final wishes are carried out and that only you make
this important decision.
While the benefits of a Living Will are
compelling, it is a document that should be entered into
thoughtfully. It is obviously a very powerful document and one that
represents a very personal decision. However, where that decision
has been made, a Living Will is certainly necessary to carry that
decision out.
Note: A Living Will is not the
same document as a Last Will and Testament. A Living Will only deals
with the withdrawal of life-sustaining treatment for persons in
terminal conditions.
For more free information on
this and other estate planning tools please feel free to contact
us.
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