Living Wills 101 – Basics You Need to Know

Who would ever have anticipated that having a living will would have become so popular? Because of the popularity of certain legal cases in the media, living wills are a formerly uncommon legal document that has attracted a lot of attention and interest from individual looking into estate planning.

And as with the other components of a comprehensive estate plan, a well constructed living will is something that is a good idea to consider and create no matter what your age or your position in life.

What is a living will?

A living will is a document that serves as your voice when you are not in a position to speak for yourself regarding your preferences for medical treatment. Specifically, it outlines the circumstances under which you would prefer that a medical professional withholds treatment or removes life support, particularly in the cases of terminal illness or traumatic injuries where ultimate recovery has been deemed hopeless.

There are several names for this type of document, which may vary by state or simply by the preference of the person describing it. Other names referring to a document that serves these same functions include:
- Natural death declaration
- Advance directive
- Health care directive
- Physician directive


Added Features of a Power of Attorney

Another option that some people choose to pursue is to grant power of attorney in regard to their medical care to a specific person that they believe knows their wishes and will ensure that those wishes are acted upon. That person is often referred to as their health care agent and he or she has the ability to make choices regarding the person's treatment and life support options even if they are not the closest relatives.

Not the same as a living trust

An important point of clarification is that a living will is not the same as a living trust. Although the name is similar and both are involved in estate planning, the two documents have almost nothing in common. While a living will outlines your desires regarding medical treatment, it says nothing about your assets and how they should be handled. Medical power of attorney is separate from general power of attorney, and granting one does not ensure that the person will be able to make decisions on both types of issues.

Before you try to tackle something this important on your own, consult with someone that has specific knowledge and experience in estate planning to ensure that the document is executed properly. When it becomes an issue of life and death, your loved ones will feel better knowing that they are following your wishes and the law.