Truthfully, it is never too early to be planning an estate. With the help of the right attorney, proper adjustments can be made to the estate as changes in life arise. One of the most important aspects of estate planning is creating a living will.
What is a Living Will?
A living will is very different from the wills that are written to manage where and to whom money and property goes to after their death. Other common names for living wills are an advance directive or directive to physicians. The purpose of the living will is that it serves as a document that gives instructions on how they wish their medical care to be handled should they need medical care toward the end of their life and are no longer able to speak their wants for themselves. A living will does not serve a purpose after death, except in certain circumstances.
A living will is the opportunity to be your own health care advocate prior to becoming so seriously ill that you cannot express your own wishes. Without a living will, family members and doctors have no idea how to treat you; and are left making the decisions for you, which can sometimes result in legal disputes that must be solved in a courtroom. Living wills eliminate the guesswork, and make sure that your body and health care is treated exactly the way you would want to be treated.
The Mechanics of a Living Will
The majority of states have forms for advance directives which allow individuals to put their wishes in writing as specific as they feel is necessary. A typical part of the living will is to direct “palliative care,” which is pain management to decrease suffering; however, an individual can choose to specify that certain treatments that are considered extraordinary measures are excluded. A common example is cardiopulmonary resuscitation being eliminated as an option for medical treatment in certain circumstances. An attorney can explain the ins-and-outs of such a form and can take you through the process step by step clarifying any confusion as it arises.
The Power of the Living Will After Death
The power that the living will holds no longer exists after the person who the living will was for passes on. There is an exception, and that is if the individual leaves instructions on what happens with their body such as organ donations or autopsy.
One of the main differences between a living will and a “last will and testament” is that it takes effect immediately, or once the individual becomes too ill to express their wishes regarding their healthcare, where as a last will and testament takes effect once the individual passes on. All of the differences are critical, and can be confusing for someone who is not trained to know the legal aspects of such documents. Employing a professional and experienced attorney is the best way to make sure that these forms and documents are executed properly and are of maximum benefit to the individual.
Distributed by NetJumps International
Company Name: Law Offices Andrew D. Myers
Contact Person: Andrew Myers
Phone: (603) 437-2643
Address:4 Birch Street
Country: United States