What are the benefits of creating a living will and how can I set one up?

Imagine having control over your healthcare decisions even when you can’t voice them yourself. That’s what a living will offers—a clear, written record of your preferences for medical treatment if you become unable to communicate due to illness or incapacity. Let’s explore why creating a living will is beneficial and how you can set one up.

Why Create a Living Will?

1. Peace of Mind for You and Your Loved Ones: A living will ensures that your medical care aligns with your values and wishes, even when you can’t express them. This document can relieve your family from making tough decisions during emotionally charged moments, reducing potential conflicts and second-guessing about what you might have wanted.

2. Clarity in Medical Treatment: With a living will, you can specify your preferences regarding life-sustaining treatments, such as resuscitation, mechanical ventilation, or feeding tubes. It helps medical professionals honor your wishes and provides them with clear instructions about your care preferences.

3. Avoiding Unnecessary Suffering: Living wills can state your desire to avoid certain invasive medical procedures that might prolong life without adding quality to it. This can be particularly important in cases of terminal illness or irreversible conditions where the focus might shift from cure to comfort.

4. Empowerment: Fundamentally, a living will empowers you. It allows you to take proactive steps in managing your healthcare, ensuring your treatment aligns with your beliefs and values, even when you’re unable to advocate for yourself.

Steps to Set Up a Living Will

Setting up a living will isn’t as daunting as it might seem. Here’s a simple guide to help you create one:

1. Understand State Laws: Each state in the U.S. has its own regulations and requirements for living wills. Researching or consulting with a knowledgeable source, like a healthcare attorney, can ensure your document complies with legally binding standards in your state.

2. Define Your Wishes: Reflect on various scenarios and decide what medical treatments you would or wouldn’t want. Consider issues such as life support, resuscitation efforts, and pain management. Be as specific as possible to provide clear guidance.

3. Consult Your Doctor: Discuss your medical preferences with your healthcare provider. They can offer insights into the implications of your choices and help you understand the medical language needed to express your wishes clearly.

4. Draft the Document: You can write your living will using templates available online, which are often provided by state government websites or healthcare organizations. These templates can provide a good starting point but ensure that any document you use is valid in your state.

5. Sign and Witness: Most states require that a living will be signed in front of witnesses or a notary public. This process ensures the document is legally sound and reflects your genuine wishes without coercion.

6. Communicate Your Wishes: Once your living will is complete, share copies with important people in your life: your primary care physician, close family members, and anyone designated as a healthcare proxy or power of attorney. Keep the original in a safe but accessible location, and let people know how to find it when necessary.

7. Review and Update Regularly: Life circumstances and medical preferences can change. Reviewing your living will periodically and after significant life events (like marriage, diagnosis with a new medical condition, or changes in treatment preference) ensures your directives remain aligned with your current wishes.

Practical Tips

  • Keep it Clear and Simple: Avoid over-complicating your living will with legal jargon or overly technical terms. Simplicity and clarity can help ensure your instructions are understood and followed.
  • Consider Appointing a Healthcare Proxy: This is someone you trust to make healthcare decisions on your behalf if you’re unable. The proxy should understand your values and respect your wishes.
  • Stay Informed: Medical technologies and practices evolve. Stay informed about new treatments and reconsider your living will if advancements shift your treatment preferences.

Creating a living will can feel like a significant step, but it’s essentially an act of self-care and consideration for those you care about. By clearly stating your medical preferences, you take control of your future healthcare, providing peace of mind for yourself and those around you.

Hi, I'm Lex. What's your legal question?

Send questions about your legal issue and Asklex will analyse your case via chat.

Scroll to Top