Living Will

December 9, 2011 by Davidov Law Group

Living wills and last wills and testaments, most commonly referred to as simply a will, are two very important parts of any complete estate plan. These two vital parts of your estate plan serve two very different purposes. While you can create these documents at any time, you should only do so after consulting with a qualified attorney who can advise you about all your options and make recommendations about what you should do in your particular situation.

Creating The Documents: Both a living will and a last will and testament have very specific requirements, though the specific requirements you have to meet differ depending on the state in which you live. To create a will, you must usually make it in writing. You also have to sign the document and probably get it signed by two witnesses. A living will must be in writing and signed, but you typically must have it either witnessed or notarized.

Making Changes: Making changes to your will requires you to meet the same standards you must meet when you created it. So, if you need to sign and have your will witnessed, you have to do the same to any amendments or changes, known as codicils. The requirements with a living will are similar in that you have to meet the living will creation requirements whenever you want to make changes. In most situations, it’s best to create an entirely new living will rather than add changes to the previous document. Also, you can also simply tell your doctor what your medical preferences are even if they contradict what you placed in your living will and your doctor must follow your instructions.

Timing: Living wills apply only when you are alive, while wills apply only after you die. As long as you are mentally capable of making choices and meet the legal requirements, you can change either document at any time without telling anyone else.

November 25, 2011 by Davidov Law Group

You may be worried that if you have and use a living will that your life insurance won’t pay; no worries. Honoring a living will does NOT affect life insurance payouts in any way, but it’s a good question to ask. Here are the answers to several other common living will related questions.

What is a Living Will?

A living will is an advanced medical directive, meaning that you make a medical decision in advance, to take affect later, in a particular situation. Living wills are effective if the person who signed the living will is in an irreversible coma or persistent vegetative state. Bottom line is that the person is “dead” and would only be kept alive with life support machines or the artificial feeding of food and water.

What is Not Covered by a Living Will?

No living will or other health care document authorize mercy killing, euthanasia, or assisted suicide.

Do I Really Need to Put it in Writing?

Thinking about a living will and its application is uncomfortable for everyone. No one likes to think about death, dying, and disability. But, it’s a necessary thought process and conversation. Your living will serves as clear and convincing evidence of your intent.

If you’re not convinced, consider the case of Terri Schiavo, the Florida woman, who was kept alive, artificially, for 15 years because, while she told her husband she didn’t want to be hooked up to machines, she never put it in writing. When her husband tried to have life support measures discontinued, Terri’s parents intervened and went to court.

Both life insurance and living wills are found in most estate plans. The payout of your life insurance is in no way affected by the application of a living will. If you don’t have a living will in place, consult with a qualified estate planning attorney.

November 2, 2011 by Davidov Law Group

A benefit of estate planning is that you get your questions answered about all kinds of estate planning issues. For example, you find out how to prevent problems and how to create positive solutions, regarding medical planning. Here, we’re answering the 6 important medical estate planning questions we receive the most frequently. We’re including two parts to this article because there are so many questions and the answers are important to everyone.

4. Who should I name as my health care agent?

Use a health care proxy to appoint health care agents to make health care decisions, if you are ever unable to make those decisions yourself. Name agents who care about you, know you, can deal with stressful medically oriented situations, and can communicate effectively, even assertively, with medical personnel. Everyone needs an advocate when he or she is in the hospital.

Be sure to ask your agent before naming him or her and name back-up agents, in case your primary agent is unable or unwilling to serve at the time.

5. Does my health care agent have to honor my living will?

Yes, your health care agent can only make health care decisions on your behalf if you cannot provide informed consent and haven’t already done so. Your health care agent must honor your living will and should make sure that your doctors have a copy of it.

6. Should I be an organ donor?

Being an organ donor is a personal decision, but consider that you can save up to 8 lives and help numerous others improve their lives by being an organ and tissue donor. Would you want someone to donate organs and tissues so that you or a loved one may live, see, or recover from tragic burns or trauma?

If you haven’t yet done so, read Answers to 6 Important Medical Estate Planning Questions (Part One of Two), to learn more and get your medical estate planning questions answered. If you have questions about your individual situation, consult with a qualified estate planning attorney.

November 1, 2011 by Davidov Law Group

1. What is an advanced medical directive?

An advanced medical directive is a legal document wherein you make a medical decision before you need it. You’re making a medical decision now for a potential situation sometime in the future. Examples of an advanced medical directive are a living will, health care proxy, and organ donation authorization.

2. I already signed a HIPAA release at my doctor’s office; do I need another one?

You likely signed a HIPAA release authorizing the medical office to release information about your medical record to your health insurance company so they can get paid. You need a HIPAA release that honors federal medical privacy laws and authorizes your medical staff to communicate with your health care agents, named in your health care power of attorney.

3. Who Needs a Living Will?

A living will is effective if you are in an end-stage medical condition such as an irreversible coma or persistent vegetative state. Each and every person, age 18 or older, needs a living will if that person wants to avoid end-of-life medical heroics, including life support machines. The United States Supreme Court has rules that a living will is clear and convincing evidence of the desire to not be kept alive with medical heroics.

Continue reading Answers to 6 Important Medical Estate Planning Questions (Part Two of Two)tomorrow to learn more and get your medical estate planning questions answered. If you have questions about your individual situation, consult with a qualified estate planning attorney.

THE DIFFERENCES BETWEEN A WILL AND A LIVING WILL

Living Will