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Estate Planning
The Living Will |
You may want to consider drafting a "living
will" as part of your estate planning. Living wills let you choose in advance how you
want to handle a terminal condition. They let you specify what types of medical treatment
you would accept or reject if you could state your wishes. They also list the physical
conditions that must occur to trigger the living will's provisions including the types of
procedures you want to avoid.
With a living will, you can specifically request not to have life-support if death is
imminent. Or you can request maximum relief from pain associated with your condition. In
either case, you're assured the right to die with some form of dignity. Living wills give
you a choice.
Benefits
- You're able to make a choice. Your decisions are clearly stated on a legal document.
- Your family will be spared some of the financial hardship associated with
prolonged hospital care.
- Your family will be relieved of having to make a tough decision at a very emotional and
difficult time.
Some physicians may not recognize the provisions
of a living will. Your living will may not cover all circumstances. This is why it's
important to also have a durable health-care power of attorney. This legal document lets
you appoint someone to make medical decisions on your behalf if you're not capable. You
can designate someone responsible enough to carry out the wishes defined in your living
will.
Steps to Take
- You need to be of "sound mind and not under mental stress" before executing a
living will.
- Comply with your state's laws.
- Outline your wishes regarding medical treatment and your intentions for different
conditions.
- Execute a durable health-care power of attorney if desired.
- Give a copy of your living will to your physician.
- Let your family members know about the documents, where they are located, and your
personal wishes.
- Update your living will and power of attorney as you see fit. Consider the rapid changes
in medical technology that occur every year. This may have an impact on your original
decision.
Seek Help
Before you draft a living will or durable health-care power of attorney, make sure you
have consulted with a lawyer who is familiar with the laws in your state. Always seek
proper guidance so your decision is an informed one.
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