Estate planning is crucial for all adults, yet understanding the various legal documents can be challenging. A "last will and testament," often referred to simply as a "will," is a widely recognized legal document. However, a "living will" is also a vital component of estate planning.
This article will explore the importance of having both documents and explain how each serves a different purpose. We will also examine the key reasons why every adult should include a living will in their estate plan.
What Is A Living Will?
A living will, also referred to as an advance health care directive, is a legal document that specifies the medical procedures, medications, and treatments you would or would not want to extend your life if you become incapacitated and unable to make decisions yourself. It enables you to give instructions to your loved ones and doctors so they can make choices based on what you would have wanted if you could communicate them directly.
For instance, with a living will, you can indicate when life support should be discontinued or whether hydration and nutrition should be provided. This ensures that decisions regarding your medical care reflect your preferences should you be unable to express them.
A living will extends beyond medical care instructions. It can also include details about the type of food you prefer while hospitalized and who is permitted visitation. Without a living will, decisions about these matters might be made on your behalf that do not align with your wishes or interests. Documenting these decisions is crucial to ensure your best interests are respected during critical times.
Living Will vs. Last Will And Testament
A last will and testament is a document that ensures your assets are allocated according to your wishes after your death. Conversely, a living will is a document that specifies your preferences for medical care while you are still alive.
Recognizing the distinction between these two kinds of wills is crucial, and it's essential they represent your desires.
Living Will vs. Medical Power of Attorney
A medical power of attorney is a crucial element of an advance health care directive. It enables you to appoint an "agent" to make medical decisions on your behalf if you are incapacitated and unable to make those decisions yourself.
Conversely, a living will outlines your preferences for medical care during periods of incapacity. Both are vital in ensuring that your wishes are respected if you cannot make medical decisions on your own.
Why Having A Living Will Is So Important
A living will is an essential component of an estate plan, offering clarity and reassurance during medical emergencies. It ensures that your medical preferences are respected, sparing your family from making tough choices or experiencing undue stress and conflict. Without a living will, your family might have to speculate on your treatment preferences, causing anxiety, guilt, and possibly legal disputes over your care management. Secure the medical care you desire by drafting a living will today.
How We Can Help
Obtaining tailored, personalized advice is crucial when drafting a living will. While online services may offer standard documents, they often fail to fully capture or address your specific desires and requirements. Collaborating with us ensures that your instructions are customized to fit your individual circumstances, providing you with the reassurance that everything has been considered. Through our professional guidance, we can collaboratively develop a living will that aligns with your medical needs and end-of-life care preferences.
This article is a service of the Law Office of Keoni Souza, an estate planning law firm in Honolulu, Hawai`i. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That is why we offer a Family Wealth Planning Session, during which you will get more financially organized than you have ever been before and make all the best choices for the people you love. You can begin by contacting our office today to schedule a planning session and mention this article to find out how to get this $750 session at no charge.
Disclaimer: All information on this website is for informational purposes only and is not legal advice. You should contact an attorney trained to work with families on estate planning matters regarding your specific situation. Use of and access to this website or any of the email links contained within the site do not create an attorney-client relationship between the Law Office of Keoni Souza, LLC, and any users or any other party.
