Estate planning encompasses a wide range of legal documents that allow you to make decisions about how your assets and property should be distributed upon your death. In addition to decisions regarding your finances, a comprehensive estate plan should also address your healthcare and end-of-life preferences in the event that you become incapacitated or unable to communicate your wishes. A living will allows you to make decisions about your healthcare while you are in good health and of sound mind. This will provide you with the peace of mind knowing that your wishes will be carried out and that your loved ones are not burdened with making difficult decisions on your behalf.
What Is a Living Will?
A living will is an estate planning document that allows you to specify the medical treatment you do or do not wish to receive if you are unable to express yourself. For example, you can clarify your preferences about life-sustaining measures, mechanical ventilation, cardio-pulmonary resuscitation (CPR), artificial nutrition and hydration, and palliative care. While people often put off drafting a living will because they do not want to contemplate the prospect of dying or developing a serious illness, having these difficult decisions made ahead of time will ensure that your preferences are respected and prevent family members or loved ones from having to make difficult decisions about your care.
What Are the Advantages of a Living Will?
In addition to providing peace of mind knowing that your healthcare wishes are carried out in the event of an emergency or an unexpected event, the following are examples of some of the main benefits of having a living will in place:
- You have control over your care. A living will allows you to determine the type of care you wish to receive at the end of your life, ensuring that the care aligns with your beliefs and values.
- You can specify the type of life-sustaining treatment you do not wish to receive, allowing you to avoid procedures that are potentially invasive, painful, or financially burdensome.
- You can develop a deeper relationship with your healthcare provider by having an open and honest discussion about the type of end-of-life care you wish to receive, and ensuring that your doctor understands the terms of your living will.
Who Should Have a Living Will in Place?
Anyone can draft a living will at any time. In fact, it is highly recommended that you draft a living will while you are in good health and are able to approach important decisions about your health and end of life in a thoughtful and measured way. However, it is particularly important to have a living will in place if the following applies:
- You are diagnosed with a terminal condition.
- You want to specify the medical interventions you wish to receive if you become incapacitated.
- You are having a high-risk medical procedure done.
- You are advancing in age and experiencing a decline in health.
What Medical Conditions are Addressed in a Living Will?
There are a number of health conditions that would warrant having a living will in place to provide clarity about the type of treatment you want to receive, including the following:
- Terminal illness: If you have been diagnosed with a terminal illness, a living will allows you to make decisions about whether you wish to receive life-sustaining treatments like feeding tubes, CPR, or artificial ventilation, or you prefer palliative care for a more comfortable, pain-free end-of-life.
- Vegetative state: If it is highly unlikely that you will recover from a coma or a vegetative state, the terms of your living will provide instructions about whether to continue life support or remove you from the machines.
- Dementia: If you have a family history of Alzheimer’s disease or other forms of dementia, it is highly recommended that you have a living will drafted that indicates your preferences regarding care, nutrition, restraints, and other interventions.
- Chronic health conditions: Certain debilitating conditions can cause extreme pain, discomfort, and depression, resulting in a poor quality of life. You can specify whether you wish to receive ongoing treatment, pain management, or hospice.
How Do I Create a Living Will?
There are a number of steps involved in creating a living will. An estate planning lawyer can assist you with every step of this process, including:
- Reflect on your wishes. Take the time to consider the type of end-of-life care you would like to receive, and under what circumstances you would refuse life-sustaining interventions. Consult with your healthcare provider about the implications of various medical interventions so that you are able to make an informed decision.
- Draft the living will. Your estate planning lawyer will assist you with this process and ensure that your living will meets the legal standards and reflects your wishes.
- Choose a healthcare agent. This is optional, but it is highly recommended that you appoint a durable power of attorney for healthcare, who will make decisions on your behalf if you are unable to do so.
- Sign and witness the document. Your living will must be signed, dated, and witnessed.
- Communicate and distribute the document. Discuss your wishes and the contents of your living will with family members and provide a copy of the document to your healthcare providers.
- Review and update as needed. You may need to update your living will over time, particularly if your health changes, you lose a loved one, or there are other changes to your circumstances.
Blue Ash Estate Lawyers at Wolterman Law Office Help Clients Create Comprehensive Living Wills
If you are interested in any aspect of the estate planning process, including setting up a living will, do not hesitate to contact the Blue Ash estate lawyers at Wolterman Law Office. We will discuss your estate planning goals and draft a living will that reflects your healthcare and end-of-life wishes. To schedule a free, confidential consultation, call us today at 513-488-1135 or contact us online. Located in Loveland and Blue Ash, Ohio, we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.