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The Living Will

By April 22, 2024April 23rd, 2024No Comments

An advance directive prevents you from being the main character in a horror story

By Anna Gelbman Edmonds

This isn’t the first article we’ve published on planning for the future, nor will it be the last. For Baby Boomer sand Gen Xers, the future planning we’re talking about generally revolves around death, which nobody wants to talk about. Ask any attorney, doctor, banker, funeral director or clergyperson just how many people pass away without a will. Or become incapacitated with none of the critical documents needed for someone to handle their affairs.

Living Will

Attorney Kimberly Raber offers a graphic picture of this in her article “The Importance of Estate Planning” and shares more horror stories in our podcast episode “What Happens When You Don’t Make Plans.” Don’t be the subject of a horror story.

What is a living will?

A living will, or advanced directive, gives instructions on how you want to be treated medically if you become incapacitated and can’t make decisions on your own. For instance, if you develop severe dementia or become comatose, somebody else will have to make decide on and direct doctors on the medical treatments you receive. This legal document offers you the ability to decide in advance which medical treatments or care you would want, which ones you would want to avoid, and under which conditions your choices apply. It covers treatments such as CPR, artificial nutrition and hydration and ventilators. It also offers you the opportunity to donate your organs after you die.

Navigating in Reverse Podcast

When setting up an advanced directive, you will name someone you trust to be your agent (or durable power of attorney) to make the decisions as dictated in the document. It’s advisable to make sure that person is agreeable to being named to that position.

Do you need an attorney to make a living will?

You certainly may use one. However, free advance directive forms for each state are readily available for download from the internet. Talk to your healthcare provider about an advanced directive.  Mine gave me a Five Wishes packet, that I can fill out by hand. They’re Living Will or Advanced Directivealso available on line and meet the requirements of all 50 states. You will need to have your directive witnessed and notarized. Some states have specific requirements, so be sure to read the directions closely.

Review the form and then go over it with your family. Make sure the person you want to serve as your agent is comfortable with being named and carrying out your wishes. After completing the form, give a copy to your primary care physician, any family members you think need to be aware of its existence and store the original in a safe place. Make sure your agent knows where that is.

Keep your living will updated

As time passes, you may feel differently. You should update your living will at least once each year and after any major life event, like a divorce or move. If you make changes, be sure to give an updated copy to your doctor. And be sure to let your agent know about any changes, including that he or she may no longer be your choice to represent your wishes!

Take the time now to click on one of the above links and get started on your living will. Be the author of what may be a story with a sad ending, but it won’t be a horror story.

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