Living Wills...What Do You Need
to Know to Ensure That Your
Wishes are Carried Out?

Any complete estate plan should include a medical directive. Medical directives are instructions given by an individual specifying what should be done for his or her health in case he or she is no longer able to make decisions. A living will is one type of medical directive. It is often accompanied by a health care power of attorney or health care proxy.

A living will usually covers specific directives as to the course of treatment that is to be taken, or, in particular, in some cases forbidding treatment, and sometimes also food and water, should the patient be unable to give informed consent.

Both a health care proxy and a durable power of attorney for health care designate someone you choose to make health care decisions for you if you are unable to do so yourself. A living will instructs your health care provider to withdraw life support if you are terminally ill or in a vegetative state. A broader medical directive may include the terms of a living will, but will also provide instructions if you are in a less severe state of health but are still unable to direct your health care yourself.

Below is a list of instructions for use of medical directives:

1. Execution:  Sign and date only one copy of the declaration in the presence of two adult witnesses and a notary.
2. Original:  You should store the original in a readily-accessible location and inform those persons closest to you of your intentions and of the location of the declaration.
3. Copies:  If you have a doctor, give him a copy of the declaration for your medical file and discuss it with him. Do this as soon as you can. You may also wish to give copies to family members. Each copy should indicate where the original is located.
4. Annual Review:  You should review this document at least once a year to be certain that your wishes have not changed.
5. Revocation:  If you wish to revoke the declaration, you may do so at any time by a separate written document or by destroying the signed original. If possible, you should also retrieve and destroy all copies and advise your doctor that you have revoked the declaration.

As noted above, any complete estate plan should include a medical directive. Not only will a medical directive ensure that your health care choices are followed, but it will also prevent your loved ones from having to make difficult decisions during an already difficult time.

Our staff has extensive experience with preparing legal and effective living wills, powers of attorney, and comprehensive estate plans. Contact us today for a FREE consultation to discuss your specific needs.

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