What is a living will and why do I need one in my estate plan?
A living will is a legal document that outlines your wishes regarding medical treatment in the event that you are unable to make decisions for yourself due to illness or injuries. It is also referred to as an advance directive or healthcare directive.
In your estate plan, a living will can be an important tool to ensure that your desires for medical treatment are followed in the event that you are unable to communicate your wishes to your healthcare providers. It can help provide clarity for your loved ones and doctors in making difficult decisions in a time of crisis.
A living will typically includes instructions on whether or not to provide life-sustaining treatment such as artificial respiration, hydration, or nutrition in the event that you are in a terminal condition, persistent vegetative state, or suffering from a severe illness or injury. It can also include instructions on donating organs or tissues, as well as naming a healthcare proxy or durable power of attorney to make medical decisions on your behalf if you are unable to do so.
While having a living will is not required by law, it is strongly recommended as part of any estate plan. Without a living will, decisions regarding your medical care may be left to family members, doctors, or even the court system, which may not align with your wishes.
It is important to review and update your living will regularly, especially in the event of significant life changes, such as a diagnosis of a new medical condition, changes in relationship status, or the birth or adoption of a child.
If you are considering a living will, it is important to consult with an attorney who can guide you through the legal requirements and help ensure that your wishes are clearly expressed and legally binding in your state.