Understanding Living Wills
When many people hear the word “will,” they know exactly what you’re talking about. They know about leaving property to specific people, they know about last wills and testaments, and they know about the estate planning process to some degree. But when you ask someone about a “living will,” there’s a chance they might not be so quick to give you an answer. Why is that? Because a living will can address some complicated issues that many people haven’t even begun to think about. So let’s take some time to define a living will and talk about what they contain.
A living will is essentially a document someone draws up, addressing how they want to be treated if they have to undergo “life-prolonging medical treatments” and they’re unable to address these issues themselves because of being in a coma or similarly incapacitated state. For many people, simply telling a family member how they want to be treated in these conditions is enough - but you’d be surprised just how little legal weight that can really carry.
That’s why living wills can be so important - without one in place, you might never get the treatment you actually wanted. Like wills themselves, living wills are a way you can speak for yourself even when you’re incapacitated and literally unable to speak for yourself - they’re a record of your wishes under dire circumstances. If you want people to know how you would prefer to be treated under these kinds of circumstances, you have to put it in writing and make sure it’s legal.
Because the medical world is such a serious one - full of patients’ rights, confidentiality issues, etc. - a living will is also a serious document. It deals with your medical treatment, and doctors won’t be able to give you the treatment you actually want for sure unless you draft a living will that addresses these core issues.
For many people, handling one of these living wills can be as simple as downloading an online form and filling in the details. A lawyer can certainly help you understand each individual issue brought up in the living will, but for the most part you’ll want to do the thinking on your own. For many people, they know exactly how they want to be treated before they ever draft the living will, so the entire process can be more simple than you think.
If you already have a will, you might hear the phrase “living will” and assume you’re covered. But it’s an entirely separate document that will require an entirely separate focus. The better you understand your living will and the issues it makes you address, the better decision you’ll be able to make. A living will should be on your checklist for “things to do,” along with drafting a regular will, and should be set aside in a safe place (such as left with your lawyer).