A living will is a legal document expressing the wishes of that person on how they wish to live their end of life if they are not able to make decisions or communicate at the time, due to illness, injury or old age. Through medical advances life can be sustained artificially, prolonging life over and above what would have naturally occurred. They are sometimes called advance directive, health care directive or physician’s directive depending on the content of the living will.

What’s the point of have a Living Will?

You may choose to have a living will as treatment that is offered to you at the time is not desirable because it only prolong the process of dying rather than restoring you to an acceptable quality of life

At the time it is the single most important document for a person, who loses control of all other decisions. The living will is used to convey your wishes on what treatments you want as a result of our situation, for example Do Not Resuscitate, life support machines, pain medication etc. It also becomes an important tool for your family members at an awkward and very difficult time. Family members are usually not sure what is best for you or how you wish to be treated the living will is a document they can refer to, to help them with any decisions.

A note of caution, a living will is not the same as mercy killings, you are not asking or consenting to a health care practitioner or family member to actively end your life. In your living will you are expressing your wish for nature to take its course and to let your life end naturally rather than be kept alive artificially.

A living will is very different to a living trust, living trust is for the purposes of dividing your estate before your death.

It is particularly important you have dealt with your Last Will and Testament at this time as these two documents really do hand in hand.
A living will does not become effective unless you are incapacitated, until then just like a Last Will it remains a document, which you can change until, it can be used. For the living will to take affect your attending and another doctor must certify hat you are either suffering from a terminal illness or permanently unconscious. A living will is only used when your ultimate recovery is hopeless.

When a living will is drafted, you may wish to also have a Health Care Power of Attorney drafted, for situations where you are incapacitated and but not able to speak for yourself, your health is not so dire that your living will becomes effective. A health care power of attorney is a legal document that gives someone else the authority to make health care decisions for you in the event you are incapacitated.

None of these documents will do you any good if no one knows about them. You have to talk with your doctor and the person you designate as your health care attorney. Discuss with your doctor what kinds of end of life medical treatments you want. He or she can help you by answering any questions you have about certain treatments. Once you’ve decided what it is you do or don’t want, make your wishes known to your doctor and your family.

What if I change my mind?

As I stated before until the living will becomes affective you can change the entails of the living will or revoke the whole document, but again you must communicate this to all relevant persons that they are aware of your wishes.

However, once you have got to a stage where you are incapacitated or unconscious you are unable to change anything as the living will has come in to effect.

What do I need to do now?

You need to decide on what you want to do, do you want that control? Do you prefer someone else to make the decision for you?

Speak to your family and your attending to provide you with all your options, once you have a clear idea there is help out there to put your decision down on paper.

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Choosing your representative can be difficult and you should choose your representative with care. The person you give your power of attorney to must be someone you can trust. A trusted friend, family member, lawyer, or even an accountant can make the best representatives. You should choose someone that will make decisions as if you were there personally and will act in your best interest; therefore there should be conflict of interest.

People tend to go for a general power of attorney’s, which usually gives rise to fraudulent transactions. This document will allow your agent to act on your behalf in any matter he or she wishes. Unless there is a reason for giving a general power of attorney, specific or limited power of attorney. This will restrict your representative to only certain transactions or specific events when you say they can act on your behalf. For example if you wanted to your lawyer to sign real estate contract for you on your behalf then you could do that with a limited power of attorney form. You could also add other specific instruction in the power of attorney, such as not selling the house lower then a certain price.

By giving a specified period of how long a power of attorney is valid is an advisable. Most responsible professionals will not accept power of attorneys over the age of one year. Stating an expiry dated on the power of attorney will not require you to revoke it at a later date if you no longer require the representative to act on your behalf.

When revoking your power of attorney, you should also notify all parties that the power of attorney would have been presented to. This will ensure that any professional that your representative has interacted with to deal with your transactions will be aware of your revocation. Also, orally discussing the revocation is also a good idea.

You can choose to file your power of attorney, which is a simple process. It is possible to draft and file your own power of attorney. However, these can be very general but you get companies that will take your instructions and will draft your power of attorney and even file them for you, check out legalzoom.com. Get your Legal Documents Online for up to 85% less than Lawyer Fees

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