Use a Living Will to Carry out Final Medical Decisions
Posted by Robert Ingrasci on May 20, 2022
According to a University of Pennsylvania report, approximately 37% of Americans have “advance directives,” which include living wills and power-of-attorney designations. These documents specify what should occur and who should make medical decisions should someone become seriously ill and unable to make these decisions for him- or herself.
If you belong to the other 63% or so of Americans who haven’t made such arrangements, put it at the top of your to-do list. Your peace of mind — and that of your family — depend on it.
Differentiate Between Documents
Many people confuse a living will with a last will and testament, but they aren’t the same. These separate documents serve different, but vital, purposes.
A last will and testament is what you probably think of when you hear the term “will.” This document details how your assets will be distributed when you die. A living will (or health care directive) details how life-sustaining medical treatment decisions would be made if you become incapacitated and unable to communicate them yourself.
The thought of becoming terminally ill or entering a coma isn’t pleasant, which is one reason many people put off creating a living will. However, it’s important to think through what you’d like to happen should this ever occur. A living will can provide guidance and reassurance to family members at a time they’re likely to be emotionally distressed.
Provide Power of Attorney
Often, a living will is drafted in conjunction with two other documents: a durable power of attorney for property and a health care power of attorney.
A durable power of attorney for property identifies someone who can handle your financial affairs, such as paying bills and undertaking other routine tasks, should you become incapacitated. The health care power of attorney becomes effective if you’re incapacitated, but not terminal or in a vegetative state. Your designee can make medical decisions on your behalf if you’re unable to do so. But this person can’t officially make life-sustaining choices. That requires a living will.
Enlist Expert Help
As tempting as do-it-yourself legal document kits may seem, it’s much better to work with an attorney when drafting a living will, durable power of attorney and power of attorney for health care. These documents are too important to get wrong. Another tip: Discuss the details of your living will and other directives with your loved ones so they’ll know what to expect should they ever be required to act.
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Bob is an experienced tax professional who devotes his professional time to structuring tax strategies in the areas of compliance, consulting, and planning. Bob works closely with a broad range of high-net-worth individuals and multi-generational families, specializing in the areas of gift and estate planning, charitable gift planning, trust and estate administration, individual taxation, and wealth preservation. Bob serves as a practice leader in the Family Wealth and Estate Planning group. Bob joined Lumsden McCormick in 2008 and was named partner in 2022.