A living will is, for many people, an important way of communicating their desires about healthcare, protecting them even if they become unable to make healthcare decisions for themselves. When written correctly, a living will can make plans for a variety of common circumstances you may face in the event you are incapacitated. But is it really necessary to get a living will as part of your estate plan?
What is a Living Will?
A living will is a type of document known as an advance directive, which dictates how others should treat you in the event that you become unable to make your own medical decisions. Rather than merely attesting to the kind of medical care you want, a living will is considered to be legally binding. This means that your doctors must obey any instructions left in it, regardless of what they, or anyone else, might want for you.
How Can a Living Will Help You?
Put simply, it makes sure that your wishes will be respected when you cannot make those wishes clear for yourself, either due to severe illness or injury. Common provisions in living wills include things like a Do Not Resuscitate clause, also known as a DNR, which prevents doctors from reviving you if your heart or breathing stops. Another provision sometimes seen in them is the Do Not Intubate clause, which prevents doctors from intubating you to assist with breathing.
What Can’t a Living Will Do?
The fundamental problem with living wills is that they are inflexible. While they can potentially accommodate a wide variety of potential situations, there is always the chance that something can come up that you did not anticipate or plan for. If that happens, it will come down to the decision of whoever is in charge of your healthcare decisions, whether that is a healthcare proxy or a court-appointed guardian.
Should You Get One?
At the end of the day, a living will is only one part of a comprehensive estate plan. To figure out what your estate plan might need, you should speak to a lawyer with experience handling estate planning and elder law matters. They can help you to figure out what works best for you and your family, to help you avoid the potential pitfalls that may otherwise arise.
The estate planning attorneys at David J. Lorber & Associates, PLLC will work with you to handle all of your trust and estate law needs, including assisting in estate law litigation. For comprehensive estate and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.
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