What is a Living Will?
A proper estate plan should be truly comprehensive. Indeed, estate planning is about far more than determining who will get to inherit what. It is about ensuring that the proper structure is in place to protect your rights and your interests—no matter what tomorrow might bring. A living will is an important estate planning document if you have specific wishes regarding health care—especially end-of-life care. In this article, our New Jersey & New York estate planning lawyer explains the key things to know about living wills.
Living Will: Defined
A living will is a legal document that outlines a person’s preferences regarding medical treatment in situations where they are unable to make decisions for themselves. Most often, this is due to a bad accident, a severe illness, or permanent incapacitation. A living will is a legally enforceable estate planning document. Some specific issues that may be addressed in a living will include:
- Breathing Support: A living will can specify whether a person wishes to receive mechanical ventilation if they are unable to breathe on their own.
- Supplemental Feeding: It can also indicate preferences for receiving nutrition and hydration through tubes if a person cannot eat or drink independently.
- Palliative Care: The document may outline desires for palliative care, focusing on comfort and pain relief rather than curative treatments, in end-of-life situations.
- Organ Donations: Finally, a living will can include decisions about organ and tissue donation after death for transplantation or medical research.
Adults With Legal Capacity Can Write a Living Will
In Massachusetts, all adults who possess legal capacity—meaning they are mentally competent and capable of making their own decisions—have the legal power to create a living will. Remember, this estate planning document allows you to articulate your medical treatment preferences in advance. It will take effect if you become incapacitated and unable to communicate your wishes.
Best Practice: Empower Trusted Loved One as Health Care POA
As important as a living will is, it is not comprehensive. The reality is that you cannot anticipate all potential future medical needs in advance. To ensure all aspects of your healthcare decisions are covered, it is a best estate planning practice to appoint a trusted loved one as your health care power of attorney (POA). A POA is a legal designation that empowers the appointed individual to make healthcare decisions on your behalf if you are unable to do so yourself. Your health care POA can help to fill in any gaps that might not be specifically addressed in your living will.
Note: In Massachusetts, a person with health care POA cannot override a living will.
We Provide Proactive Estate Planning Services in New Jersey and New York
At Poulos LoPiccolo PC, our New Jersey & New York estate planning attorney is committed to putting the rights of clients first. We provide a comprehensive range of estate planning services, including helping clients with living wills. If you have any specific questions or concerns about living wills, please do not hesitate to call us now or to contact us online for your completely confidential initial consultation. Our firm handles estate planning matters in New Jersey and New York.
