Research shows that although about 80% of adults agree with the importance of having a living will but…only 37% of adults in the United States actually complete one. A living will is something that helps make healthcare-related decisions on your behalf. Admittedly, making end-of-life healthcare decisions can feel overwhelming and morbid. However, a living will is a critical part of your overall estate plan. Let’s take a deep dive into the importance of creating a living will.
What is the purpose of a living will?
A living will is a legal document that allows you to specify your preferences for medical treatment if you become unable to communicate or make decisions for yourself due to incapacity. It addresses issues like life-sustaining treatments (i.e., life support), resuscitation (i.e., CPR or external defibrillators), and organ donation.
But, what exactly does “incapacity” mean? Examples of incapacity can include:
- Severe mental illness: Conditions like dementia or Alzheimer’s disease that can severely impair your cognitive abilities to the point where you cannot make rational decisions or manage your affairs.
- Physical disability: Physical disabilities resulting from accidents, strokes, or progressive diseases (i.e., ALS or Parkinson’s disease) that may prevent you from performing daily tasks or communicating effectively.
- Coma or Unconsciousness: A coma resulting from trauma, illness, or surgery can render you unconscious and unable to make decisions temporarily.
The bottom line? A living will is intended to notify healthcare professionals and your designated healthcare agent (if you decide to name one) about your medical care wishes. It also ensures that your treatment preferences are respected during emergency healthcare situations where you may be unable to communicate your wishes.
Is there another name for a living will?
Yes! The term “advance directive” is often used interchangeably and can refer to the same document. Let’s take a look at some additional terms that you will commonly see used in conjunction with living wills:
Health Care Advance Directive. This term refers to any document where you outline your healthcare preferences or appoint someone to make medical decisions on your behalf when you’re unable to do so. Examples include living wills and durable powers of attorney for health care.
Durable Power of Attorney for Health Care (or Health Care Proxy). This is another type of advance directive where you designate someone to make medical decisions for you if you become unable to make them. This person, known as your agent or proxy, will follow the instructions or guidelines that you specify.
Is a living will the same thing as a last will?
Don’t be fooled by the fact that both documents include the word “will.” These two documents are completely different from one another. A living will takes effect while you are alive but incapacitated and unable to express your medical preferences. However, a last will takes effect after you pass away and dictates how your assets should be handled and distributed.
Who needs a living will?
If you’re reading this article, there’s a strong chance that you need a living will! Anyone who wants to ensure their healthcare preferences are honored if they become unable to communicate or make decisions due to illness, injury, or incapacity should have a living will.
- Adults of All Ages: Unexpected accidents or sudden illnesses can happen to anyone at any age, making it all the more important that you document your healthcare preferences.
- People with Serious Illnesses: If you have a chronic or progressive illness such as cancer, dementia, or ALS, a living will allows you to outline specific treatment preferences and end-of-life care decisions in advance.
- The Elderly: As we age, the likelihood of facing medical decisions where you cannot communicate your preferences increases. A living will ensures that your wishes regarding medical treatments, resuscitation, and end-of-life care are known and respected.
- People with Specific Healthcare Wishes: If you have strong beliefs or preferences about life-sustaining treatments, resuscitation, artificial nutrition, or other medical interventions, a living will provides clear guidance to healthcare providers and loved ones.
- Anyone Facing Surgery or Hospitalization: Before undergoing a major surgery or hospitalization, it’s wise to have a living will in place to specify your healthcare wishes and designate a healthcare agent to make decisions on your behalf if necessary.
The takeaway? Anyone who wants to maintain control over their healthcare decisions should have a living will in place. Whether you’re young or young at heart, facing surgery, managing a chronic illness, or simply want to ensure your medical preferences are respected, having a living will provides clear instructions regarding your wishes.
What happens if I don’t have a living will in place?
Not having a living will in place could lead to a series of unwanted outcomes. For example, if you become unable to make medical decisions or communicate your preferences due to illness, injury, or incapacity, consider the following consequences of not having a living will:
- Delayed Medical Care: Without a living will, healthcare providers may not know your preferences regarding life-sustaining treatments, resuscitation, artificial nutrition, or other medical interventions. This can lead to uncertainty and delays in providing medical care that is consistent with your preferences.
- Family Disagreements: Without clear instructions from you, family members or loved ones may disagree on the right course of medical treatment. This can cause stress, conflict, and uncertainty during an already difficult time.
- Court Involvement: In some cases, if there is disagreement among family members or if your medical preferences are unclear, it may be necessary for loved ones to seek court intervention to appoint a guardian or conservator to make medical decisions on your behalf. This process can be time-consuming and costly, and may not align with your wishes.
- Default State Laws Could Control: Without a living will, medical decisions may be made according to your state’s laws or default guidelines, which may conflict with your personal beliefs or preferences. This can result in medical treatments that you would not have chosen for yourself.
Having a living will in place ensures that your healthcare preferences are known and followed. It allows you to maintain control over your medical care and ensures that you receive treatment consistent with your values and wishes, even when you are unable to express them directly.
How do you create a living will?
The legal requirements to create a living will vary from state to state, so be sure to research your state’s requirements. Each state may have specific guidelines regarding format, witnesses, notarization, and the types of decisions that can be addressed in a living will. However, creating an enforceable living will generally involves the following steps:
- Decide on Your Medical Preferences: Consider the types of medical treatments and interventions you would want (or not want) in various scenarios. Consider issues such as resuscitation, life-sustaining treatments, artificial nutrition and hydration (e.g., feeding tubes), pain management preferences, and organ donation.
- Choose Your Healthcare Agent: Select someone you trust to act as your healthcare agent or proxy, such as a daughter, son, or spouse. This person will make medical decisions on your behalf if you are unable to communicate or make decisions for yourself.
- Document Your Wishes: Many states provide standardized forms that include sections for specifying your healthcare preferences and appointing a healthcare agent. You can also work with an estate planning attorney to draft a customized document tailored to your specific needs and wishes.
- Witnesses and Notarization: Depending on your state’s requirements, you may need to have your living will notarized and/or witnessed by two or more individuals who are not beneficiaries or healthcare providers directly involved in your care.
Do I need to file my living will with the court once it’s completed?
No, a living will does not need to be filed with the court. Keep the original signed document in a safe place where it can be easily accessed if needed, such as with your healthcare agent or in your medical records. Provide copies to your healthcare agent, primary care physician, and any other relevant healthcare providers. You should also tell your family members and close friends about the existence of your living will and the role of your healthcare agent.
Once you set up a living will, can it be changed in the future?
Absolutely! Think of this as a “living” (no pun intended) and breathing document. You should revisit your preferences whenever you reach a milestone age, go through a divorce, receive a diagnosis of a serious medical condition, or notice a decline in your cognitive or physical health.
The bottom line on living wills
Ultimately, a living will is a proactive way to ensure that your healthcare preferences are respected and that you receive the care you want, even if you are unable to communicate at the time. Having a living will can also reduce confusion and disagreements among family members during a medical crisis. A living will is a crucial part of planning ahead for your healthcare, giving you the power to guide your medical care and make sure your wishes are respected when it matters most. Go ahead and get started on your living will today!
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