Do I Need a Living Will?

While many people take special care to establish wills, trusts, or estate plans that meet their individual wishes and needs, they often overlook an important legal document that could make a huge difference in their health and happiness. That document is a living will.



A living will actually differs greatly from a "normal" will. A living will specifies your wishes concerning the kinds of medical treatments you would like to be given, in the event that you reach a point in an illness when you are unable to make those wishes known in the moment. If, for example, a doctor has determined that you are permanently unconscious and must remain on life support to survive, a living will may outline if you want to be kept on life support, and/or what procedures may be performed on you during this time. Living wills can also state your wishes on topics like pain relief, feedings, and the administration of CPR.



A living will can be an important document. It can make sure that your personal wishes are met, even when you are unable to state them yourself. Of course, you may have some doubts about whether or not a living will is something you really need. Here are some things to think about when considering establishing a living will.



1. Who do I want to make decisions about my healthcare?



If your answer is that you want to make sure that you are the only person in charge of making all your healthcare decisions, then you absolutely need a living will. If there is a family member or other person you trust enough to make these decisions for you, then setting up a healthcare power of attorney will most likely suffice for your situation.



2. So what is the difference between a living will and a healthcare power of attorney?



With a healthcare power of attorney, you are giving someone else the legal right to make decisions on your behalf, trusting that that person would do the same thing you would do, if you were able to act for yourself. A living will, on the other hand, clearly sets forth your own wishes. The decisions you make in your living will must be followed by whomever you designate to carry them out.



3. Is a living will hard to set up?



It is important that your living will be extensive, covering as many possible scenarios as possible, in order to make sure that your personal wishes will always be met, no matter the circumstance. Because it can be a complicated process, it is important that you consult with a lawyer to make sure that the document is completed properly. You may also want to discuss possible scenarios, specific to your health needs, with your doctor. Finally, most people choose a designee, someone they trust to carry out the instruction specified within the living will.



4. Can I change my living will when I choose?



Absolutely. Changes in your health, your personal opinions, or any number of other factors may prompt you to want to change your living will. This is certainly acceptable, and can be done properly with the help of an experienced attorney. Because your living will can be changed, it is even possible to start out with a more general living will, one to which you can add or change specifics later. In fact, it is important that you keep your living will up to date, in order to ensure that it still complies with all of your wishes concerning your healthcare.





If it is important to you that your medical decisions be made by you and you alone, then a living will is an important document for you to have. Contact an attorney with experience in living wills to help you. The result will be a document that could potentially help you and your loved ones make extremely difficult decisions a little easier.