Understanding Why Living Wills Are Essential

Key Highlights

• Living wills are legal documents that communicate your preferences for medical care if you are unable to make decisions for yourself.
• They provide peace of mind and serve as advance directives for doctors and caregivers in case of terminal illness, serious injury, coma, late stages of dementia, or the end of life- Living wills differ from last wills and living trusts, as they focus on medical decisions rather than property distribution.
• Key components of a will include decisions about life-sustaining treatments, preferences for end-of-life care, and the designation of a health care proxy or power of attorney.
• Creating a living will involves understanding your rights and options, discussing your wishes with family and healthcare providers, and formalizing the document according to legal requirements.
• A living will takes effect when you are unable to communicate your preferences, and its activation depends on circumstances such as coma, use of a ventilator, late stages of dementia, or serious illness.

Introduction

Living wills and advance directives are important legal documents that allow individuals to plan and make decisions about their medical care in advance. These documents provide peace of mind and ensure that individuals’ preferences for end-of-life care are respected, even if they are unable to communicate their wishes at the time. By having a living will, individuals can have control over their medical treatment, avoid unnecessary suffering, and relieve their loved ones of the burden of making difficult decisions during moments of crisis or grief. Another important document to consider is a durable power of attorney for health care, which names a person (called a health care proxy) who can make decisions on your behalf. Creating a comprehensive plan, including both a living will and durable power of attorney, is essential for ensuring that your wishes are carried out in the event that you are unable to make decisions for yourself.

Unforeseen circumstances can happen at any age, which is why it is important for all adults to prepare these documents. Whether it’s a terminal illness, a serious injury, a coma, the late stages of dementia, or nearing the end of life, having a living will can provide guidance to doctors and caregivers on the medical decisions that align with an individual’s preferences and values, even when they are in good health.

We will delve into the importance of having a living will, the definition and purpose of a living will, how it differs from last wills and living trusts, the key components of a living will, the process of creating a living will, and when and how a living will takes effect. Understanding these aspects will help individuals make informed decisions and ensure that their wishes are honored when it comes to their medical care.

The Importance of Having a Living Will

Having a living will is essential because it provides individuals with peace of mind and serves as an advance directive for medical decisions. By having a living will, individuals can have control over their medical treatment even if they are unable to communicate their preferences at the time. It is a legal document that outlines an individual’s wishes for end-of-life care and ensures that those wishes are respected and followed by doctors and caregivers. Having a living will can provide comfort and reassurance to individuals and their loved ones, knowing that their medical treatment will align with their values and preferences and that their designated medical providers will work to honor their wishes.

Defining What a Living Will Is and Its Purpose

A living will is a written, legal document that outlines an individual’s preferences for medical treatment and end-of-life care. It is a document that comes into effect when the individual is unable to communicate their wishes due to a serious medical situation. The purpose of a living will is to ensure that an individual’s medical treatment aligns with their wishes and values, even if they are unable to express those wishes themselves.

A living will is often used in situations such as terminal illness, serious injury, coma, late stages of dementia, or nearing the end of life. It provides guidance to doctors and caregivers on the types of medical treatments an individual would want or not want, such as life-sustaining treatments, pain management, organ donation, and other end-of-life care decisions. By having a living will, individuals can have peace of mind knowing that their preferences for medical care will be followed, even if they cannot communicate their wishes.

How a Living Will Differs From Last Wills and Living Trusts

While living wills, last wills, and living trusts might sound similar, they serve different purposes. A living will focuses on medical decisions and end-of-life care, while last wills and living trusts deal with the distribution of property and assets after an individual’s death.

A last will and testament outlines how an individual wants their property and assets to be handled after their death. It includes instructions on the distribution of property, appointment of guardians for minor children, and other important family responsibilities.

On the other hand, a living trust is a legal entity that holds an individual’s assets during their lifetime and provides for the distribution of those assets after their death. It can help avoid probate and provide more privacy around the handling of an individual’s estate.

While living wills, last wills, and living trusts are all important legal documents, it is crucial to understand their differences and ensure that individuals have the appropriate documents in place to address their medical care and estate planning needs.

Key Components of a Living Will

A living will consists of key components that outline an individual’s preferences for medical treatment and end-of-life care. These components include decisions about life-sustaining treatments, preferences for end-of-life care, and the designation of a health care proxy or power of attorney.

Decisions about life-sustaining treatments involve choices about cardiopulmonary resuscitation (CPR), mechanical ventilation, tube feeding, dialysis, antibiotics or antiviral medications, comfort care (palliative care), and organ and tissue donations.

Preferences for end-of-life care include decisions about where an individual would like to receive care, pain management, and avoiding invasive tests or treatments.

Designating a health care proxy or power of attorney involves choosing a trusted individual to make medical decisions on behalf of the individual if they are unable to do so themselves.

Decisions About Life-Sustaining Treatments

Decisions about life-sustaining treatments are an important component of a living will. They involve choices about medical treatments that can prolong an individual’s life. These treatments include cardiopulmonary resuscitation (CPR), mechanical ventilation, tube feeding, dialysis, antibiotics or antiviral medications, comfort care (palliative care), and organ and tissue donations.

Cardiopulmonary resuscitation (CPR) is a procedure that restarts the heart when it has stopped beating. An individual can specify whether they want to be resuscitated by CPR or by a device that delivers an electric shock to stimulate the heart.

Mechanical ventilation takes over an individual’s breathing if they are unable to breathe on their own. An individual can decide if, when, and for how long they would want to be placed on a mechanical ventilator.

Tube feeding supplies the body with nutrients and fluids intravenously or via a tube in the stomach. An individual can determine if, when, and for how long they would want to be fed in this manner.

Dialysis is a treatment that removes waste from the blood and manages fluid levels if the kidneys no longer function. An individual can decide if, when, and for how long they would want to receive this treatment.

Antibiotics or antiviral medications can be used to treat many infections. An individual can specify their preferences for the treatment of infections if they are near the end of life.

Comfort care, also known as palliative care, includes interventions aimed at keeping an individual comfortable and managing pain while abiding by their other treatment wishes. This may include being allowed to die at home, receiving pain medications, being fed ice chips to soothe mouth dryness, and avoiding invasive tests or treatments.

Organ and tissue donations for transplantation can also be specified in a living will. If an individual chooses to donate their organs, they will be kept on life-sustaining treatment temporarily until the donation procedure is complete.

By addressing these decisions in a living will, individuals can ensure that their medical treatment aligns with their preferences and values, even if they are unable to communicate their wishes at the time.

Preferences for End-of-Life Care

Preferences for end-of-life care are an important consideration in a living will. These preferences involve choices about the type of care an individual would like to receive as they near the end of life.

Some preferences for end-of-life care may include decisions about where an individual would like to receive care, such as at home or in a hospice facility. Other preferences may include pain management options, such as the use of pain medications or alternative therapies.

In addition, an individual may have preferences for specific interventions, such as being fed ice chips to soothe mouth dryness or avoiding invasive tests or treatments.

By documenting these preferences in a living will, individuals can ensure that their end-of-life care aligns with their wishes and values. This can provide comfort and reassurance to both individuals and their loved ones, knowing that their preferences for care will be respected and followed.

Designating a Health Care Proxy or Power of Attorney

Designating a health care proxy or power of attorney is an important part of a living will. This involves choosing a trusted individual to make medical decisions on behalf of the individual if they are unable to do so themselves.

A health care proxy or power of attorney, also known as a medical power of attorney or health care power of attorney, is a crucial part of an individual’s advance directive. This document designates a person to make medical decisions on their behalf when they are unable to do so. It is important to carefully select this person and ensure they meet the legal requirements, are not involved in the individual’s medical care, and are trusted to make decisions in line with their wishes and values.

The designated health care proxy or power of attorney can be a spouse, family member, friend, or member of a faith community. It is also recommended to choose one or more alternates in case the designated person is unable to fulfill the role.

By designating a health care proxy or power of attorney, individuals can have peace of mind knowing that someone they trust will advocate for their medical wishes and make decisions on their behalf if they are unable to do so.

The Process of Creating a Living Will

Creating a living will involves understanding the legal requirements, understanding one’s rights and options, discussing wishes with family and healthcare providers, and formalizing the document.

Understanding the legal requirements entails researching and following the specific laws and regulations of the state where the living will is being created.

Understanding one’s rights and options involves learning about the different components and decisions that can be included in a living will, as well as understanding the impact and limitations of the document.

Discussing wishes with family and healthcare providers is crucial to ensure that everyone is aware of the individual’s preferences and to address any concerns or questions.

Formalizing the document involves following the legal requirements for notarization and witnesses, as well as keeping copies of the living will in accessible and safe locations.

Understanding Your Rights and Options

Understanding your rights and options when creating a living will is essential to ensure that your preferences for medical care are accurately reflected in the document. It is important to be aware of the laws and regulations specific to your state, as living will requirements can vary.

When creating a living will, individuals have the right to make decisions about their medical treatment and end-of-life care. They can specify their preferences for life-sustaining treatments, end-of-life care interventions, and the designation of a health care proxy or power of attorney.

Individuals also have the option to discuss their wishes with family members and healthcare providers to ensure that everyone is aware of and understands their preferences. These discussions can help address any concerns or questions and provide clarity and support during the decision-making process.

By understanding their rights and options, individuals can make informed decisions and create a living will that accurately reflects their wishes for medical care.

Discussing Your Wishes With Family and Healthcare Providers

Discussing your wishes with family and healthcare providers is an important part of the living will process. It ensures that everyone involved is aware of your preferences for medical care and can help address any concerns or questions.

When discussing your wishes with family members, it is important to choose a time and place that allows for open and honest communication. This can be done during family meetings, individual conversations, or even with the assistance of a mediator if needed. By involving your family in the discussion, you can ensure that they understand your wishes and can provide support during the decision-making process.

Discussing your wishes with healthcare providers is crucial to ensure that they have a clear understanding of your preferences for medical care. This can be done during routine medical appointments or by scheduling a separate meeting specifically to discuss your living will and any questions or concerns you may have.

By having open and honest discussions with both family members and healthcare providers, you can ensure that your wishes for medical care are understood and respected by all parties involved.

Legal Requirements and How to Formalize Your Document

Creating a living will involves adhering to specific legal requirements to ensure that the document is valid and enforceable. These requirements can vary depending on the state where the living will is being created.

Legal requirements may include having the document signed by witnesses and notarized, as well as following any specific guidelines or forms provided by the state. It is important to research and understand the legal requirements specific to your state to ensure that your living will is legally valid.

To formalize your living will, it is important to keep the original document in a safe but easily accessible place. You should also provide copies of the document to your doctor, your designated health care proxy or power of attorney, and any alternate agents. It is also recommended to keep a record of who has copies of your living will for reference, ensuring that your wishes are followed until your last breath.

By adhering to the legal requirements and formalizing your living will, you can ensure that your preferences for medical care are documented and legally recognized.

When and How a Living Will Takes Effect

A living will takes effect when an individual is unable to communicate their preferences for medical care. The activation of a living will depends on the specific circumstances outlined in the document.

Some situations that may activate a living will include a coma, the use of a ventilator, the late stages of dementia, or a serious illness among older adults. When any of these situations occur and an individual is unable to communicate their wishes, doctors and caregivers will refer to the living will to guide their decisions and provide the appropriate medical care.

It is important to note that a living will only takes effect when the specified circumstances occur and the individual is unable to communicate their preferences. Until that point, an individual’s personal preferences and ability to communicate will always be considered first by doctors and caregivers.

Circumstances Under Which Your Living Will Would Be Activated

A living will would be activated under certain circumstances when an individual is unable to communicate their preferences for medical care. These circumstances may include a coma, the use of a ventilator, the late stages of dementia, or a serious illness.

When an individual is in a coma or unable to regain consciousness, doctors and caregivers will refer to the living will to guide their decisions about medical treatment.

The use of a ventilator may be necessary when an individual is unable to breathe on their own. In such cases, the living will would be activated to inform doctors and caregivers about the individual’s preferences for this specific treatment.

In the late stages of dementia, when an individual is no longer able to make decisions or communicate effectively, the living will would be activated to guide medical care decisions.

Similarly, when an individual is facing a serious illness that renders them unable to communicate their wishes, the living will would be activated to ensure that the appropriate medical care is provided.

By specifying these circumstances in a living will, individuals can ensure that their preferences for medical care are followed, even if they are unable to communicate their wishes.

The Role of Medical Staff and Your Health Care Proxy

Living wills and advance directives play a crucial role in guiding medical staff and your appointed health care proxy in making decisions about your medical treatment. In situations where you are unable to communicate your preferences, these legal documents serve as a guide for doctors and caregivers.

A health care proxy is a person appointed by you to make medical decisions on your behalf if you are unable to do so. This person should meet certain criteria, such as being willing and able to discuss medical care and end-of-life issues with you, and being trusted to make decisions that align with your wishes and values. It is important to choose a health care proxy who is not your doctor or a part of your medical care team to avoid conflicts of interest.

Medical staff, including doctors and caregivers, rely on living wills and advance directives to understand your preferences for medical treatments such as cardiopulmonary resuscitation (CPR), mechanical ventilation, tube feeding, dialysis, and the use of antibiotics or antiviral medications. These documents also provide guidance on comfort care or palliative care options to keep you comfortable and manage pain while abiding by your treatment wishes. In emergency situations, these documents are also crucial for emergency personnel to have access to in order to provide the appropriate medical care.

By having a living will and appointing a health care proxy, you ensure that your medical treatment aligns with your preferences, even if you are unable to communicate them directly. This provides you with peace of mind knowing that your wishes will be respected and followed.

Common Misconceptions and Questions About Living Wills

Many people have misconceptions and questions about living wills and advance directives. Let’s address some of the common concerns and provide clarity on these important legal documents.

Addressing the Myths Surrounding Living Wills

There are several myths and misconceptions surrounding living wills. One common myth is that having a living will means giving up control over medical decisions. In reality, a living will allows you to retain control by clearly stating your preferences for medical treatment. It provides guidance to doctors and caregivers, ensuring that your wishes are followed.

Another misconception is that living wills are only for the elderly or those with a terminal illness. Living wills are important for adults of all ages because unexpected end-of-life situations can happen to anyone. By preparing a living will, you are taking proactive steps to ensure that your medical care aligns with your wishes, regardless of your age or health condition.

Some people believe that living wills are unnecessary because their family members will know what they want. However, in the absence of a living will, family members may have differing opinions and may struggle to make decisions on your behalf. A living will provides clarity and reduces the burden on your loved ones, ensuring that your wishes are respected.

Having a living will does not mean giving up hope or inviting death. It is about having the peace of mind that your medical treatment aligns with your values and preferences. It allows you to make informed decisions about the medical interventions you want or do not want, including the use of life support, providing a sense of control and comfort.

Clarifying Confusions About Do Not Resuscitate (DNR) Orders

There is often confusion surrounding Do Not Resuscitate (DNR) orders. A DNR order is a medical order that instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) in case your heart stops or you stop breathing.

Some people worry that having a DNR order means they will not receive any medical treatment. However, a DNR order only applies to CPR and does not affect other medical interventions or treatments. Healthcare providers will still provide necessary medical care and treatment to manage your condition, such as pain management or comfort care.

It is important to discuss your preferences regarding resuscitation with your doctor and include them in your living will or advance directive. Clarifying your wishes regarding resuscitation ensures that healthcare providers are aware of your preferences and can provide appropriate care.

Living wills are crucial for outlining your healthcare preferences in case you are unable to communicate them yourself. Understanding the differences from last wills and living trusts, including decisions on life-sustaining treatments and designating a health care proxy, is vital. Communicating your wishes with loved ones and healthcare providers helps ensure they are respected. It’s important to know how and when a living will takes effect, dispelling common myths and misconceptions surrounding them.

Frequently Asked Questions

What Is the Main Purpose of A Living Will?

The main purpose of a living will is to outline your wishes regarding life-sustaining medical treatments in case you are unable to communicate them yourself. It differs from a last will or living trust by focusing on healthcare decisions and designating a healthcare proxy. By creating a living will, you ensure that your preferences are respected, and it serves as a guide for your loved ones and healthcare providers during critical times. If you have any doubts or need assistance with drafting a living will, seeking professional advice is advisable to ensure its legal validity and effectiveness.

Why Is It Important to Have a Will?

Having a will is crucial as it allows you to specify how your assets and belongings should be distributed after your passing. It ensures that your wishes are carried out, minimizes potential conflicts among family members, and provides clarity during a sensitive time. By having a will in place, you can also designate guardians for minor children or dependents, plan for taxes and debts, and potentially avoid lengthy probate processes. Overall, having a will offers peace of mind and financial security for you and your loved ones.

Can a Living Will Be Revised or Revoked?

Yes, a living will can be revised or revoked at any time. As your preferences or circumstances change, you have the right to update your living will to reflect your current wishes. It is important to review your living will periodically and make any necessary changes.

To revise or revoke a living will, you must create a new document that reflects your updated preferences. It is important to distribute new copies of the revised document and destroy all old copies to avoid confusion. You should also inform your doctor, health care proxy, and any alternate agents of the changes you have made.

A living will is a legal document, and any revisions or revocations should be done in accordance with your state’s requirements. It is recommended to consult with an attorney or follow your state’s specific guidelines to ensure your revisions or revocations are legally valid.

What Is the Main Disadvantage of A Living Will?

The main disadvantage of a living will is that it may not cover every possible medical scenario or treatment option that could arise in the future. Medical advancements and unforeseen circumstances may present new challenges that your living will did not anticipate, potentially leaving room for interpretation or conflicts among family members or healthcare providers. To address this limitation, it is advisable to supplement your living will with clear communication about your values and preferences regarding end-of-life care to ensure your wishes are fully understood and respected.

Do You Need a Living Will?

A living will is crucial for outlining your medical preferences and ensuring your wishes are followed if you are unable to communicate them yourself. It provides guidance to healthcare providers and loved ones during challenging times. By having a living will, you retain control over your medical decisions and alleviate potential burdens on family members. It is an essential part of comprehensive advance care planning to safeguard your autonomy and well-being.

Important Disclosures:

Thrive Wealth Advisors and LPL Financial do not provide legal advice or services.  Please consult your legal advisor regarding your specific situation.​

This material was prepared by Midstream Marketing.