Although the concept of the living will has been around for decades, there are still many misconceptions when it comes to this legal document.
Sometimes referred to as an “advanced healthcare directive“, a living will permits you to express your wishes and instructions for healthcare and healthcare directions when you are incompetent and are in an end stage medical condition or are permanently unconscious. It is not the same as your last will and testament, which permits you to control the disposition of your assets after your death. Nor does a living will address decision making in your day-to-day medical care if you become incompetent.
You can create a living will if you are of sound mind and one of the following applies:
– 18 years of age or older
– A high school graduate
– An emancipated minor
To be valid, a living must be signed and dated by you, and witnessed by two individuals, each of whom is 18 years of age or older.
Your living will goes into effect when a copy of it is provided to your attending physician, and the attending physician determines you to be incompetent and to have an end stage medical condition or to be permanently unconscious. Once made, your living will is valid, notwithstanding the passage of time, until you revoke it.
A significant benefit of making a living will is that it removes any ambiguity as to your wishes if you are in an end stage medical condition or a permanent coma. This can be helpful to your love ones, especially your children, in removing the burden of making a life and death decision for a parent.
As we live through the latest winter storms to strike our area, we often think about how this is affecting our aging parents. Most of us call to ask if they are okay, check on them, bring them groceries and shovel their snow. As caring children and family members, we worry about their safety and well-being. After all, they raised us and gave us a significant part of their lives. In the same way, we should make certain that our parents’ social and financial matters are in order. Sometimes we begin to notice that they may need more help. Seniors may often begin to neglect proper management of their finances or tend to ignore any warning signs regarding their health or well-being. This often becomes a good time to start a conversation with your parents to discuss how they might benefit from assistance from family members. This is also the situation where an effective elder law attorney can be a valuable partner.
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The compassionate, caring and experienced attorneys of Gummer Elder Law specialize in helping seniors and their family members in the preparation of Wills, Powers of Attorney, Living Wills, and Trusts.
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