A will is one of the most important documents you can create to plan for your future. It outlines how you want your assets distributed at death, names a guardian for any minor children you might have, and provides instructions for how to handle end-of-life care.
But what if you’re not old or wealthy enough to have a will? What if you’re healthy and young with no known terminal illnesses? If you don’t have a will in place, then anyone can make decisions about your healthcare — whether that’s what’s best for you or not.
In this blog post, we’ll explore the importance of having a living will and steps on how to make one with the help of an attorney.
What Is A Living Will?
A living will (also called an advance directive) is a legal document that lays out your end-of-life care wishes. It can cover a variety of topics, including how you want to be cared for if you’re terminally ill or in a vegetative state, or if you have a mental illness that impairs your decision-making ability.
Living wills are often coupled with medical powers of attorney – documents that specify who will make health decisions on your behalf if you’re unable to do so yourself due to physical or mental incapacity. These documents can help avoid contentious battles between loved ones about what’s best for you as your health declines.
Why You Should Have A Living Will
A living will (or advance directive) is a legal document that specifies your end-of-life care wishes: who you want to make medical decisions on your behalf if you’re too sick or disabled to make them yourself, what type of medical treatment you want or don’t want, and which medical facilities you’d like to receive care in.
Living wills are designed to avoid contentious battles between loved ones about what’s best for you as your health declines. If you don’t have it, then anyone can make decisions about your health — whether that’s what’s best for you or not.
How To Make A Living Will With An Attorney
If you don’t already have a living will, then the first step is to make one. If you don’t have a lawyer, then now is the time to find one. Your attorney will walk you through the process of drafting a living will, which typically includes the following steps:
Evaluate Your Current Situation
It’s important to have an open and honest conversation with your attorney about your current situation. This includes any relevant medical conditions you might have and any end-of-life care wishes you have (such as being kept alive on life support).
Create A Detailed Plan
Your attorney will then help you create a detailed plan for your end-of-life care that includes what type of care you want (or don’t want) and who will make medical decisions on your behalf if you’re too sick or disabled to make them yourself.
Sign And Seal The Living Will
Once you’ve created a living will that lays out your end-of-life care wishes, your attorney will guide you through the process of signing and sealing the document.
How To Make A Living Will On Your Own
It’s important to note that while it’s possible to create a living will on your own, it’s not recommended. Without the advice and counsel of an attorney, you might not remember all the details that need to be included in a living will, creating an incomplete document that can cause more problems than it solves.
For example, the Living Will must be witnessed by two adult witnesses – but how do you find two witnesses on short notice? Additionally, who are you going to trust to witness a legal document that deals with your end-of-life care wishes? Finding two witnesses is a difficult task, and there’s no guarantee that they’re trustworthy.
Important Points To Remember While Making Your Living Will
Make Sure It’s Current
A Living Will does you no good if you write it five years ago and then make several substantial health changes since then. Your attorney should review your living will annually to make sure it’s current with your current situation.
It Must Be Witnessed
Your living will must be witnessed by two adult witnesses. This is an often-forgotten step that can lead to a Living Will being invalidated.
It Must Be Signed And Sealed
Your living will must be signed and sealed to be valid. A notary public is a common option for sealing a document, but it’s important to confirm that your living will is sealed correctly.
Make A Digital Copy
It’s a good idea to make a digital copy of your living will. In addition to the original, having a digital copy is helpful if it’s lost or misplaced.
Summary
A living will is a legal document that lays out your end-of-life care wishes. It can cover a variety of topics, including how you want to be cared for if you’re terminally ill or in a vegetative state, or if you have a mental illness that impairs your decision-making ability.
Living wills are often coupled with medical powers of attorney – documents that specify who will make health decisions on your behalf if you’re unable to do so yourself due to physical or mental incapacity. These documents can help avoid contentious battles between loved ones about what’s best for you as your health declines.
If you don’t already have a living will, then it’s important to create one as soon as possible. First, evaluate your current situation to determine what end-of-life care wishes you have. Then, create a detailed plan for your end-of-life care that includes what type of care you want (or don’t want) and who will make medical decisions on your behalf if you’re too sick or disabled to make them yourself.
Once you’ve created a living will make sure it’s current, witnessed, signed, and sealed, and has a digital copy for reference.
