Creating a Living Will And Why You Should

A living will, also known as an advance directive or healthcare directive, is a legally binding document that outlines your medical treatment preferences in case you become incapacitated or unable to communicate your wishes. It is crucial to have a living will in place to ensure that your healthcare providers and loved ones know and respect your preferences. In this blog, we will discuss the steps to create a living will, the factors you should consider, and how to ensure it is legally binding.

Steps On How To Create a Living Will

Step 1: Understand the Purpose of a Living Will

Before creating a living will, it is essential to understand its purpose. A living will:

1. Communicates your medical treatment preferences to healthcare providers and family members.
2. Appoints a healthcare proxy or agent to make medical decisions on your behalf if you become incapacitated.
3. Provides a sense of control and peace of mind for you and your loved ones.

Step 2: Research Your State’s Laws When Creating a Living Will

Laws surrounding living wills vary by state, so it’s essential to research your state’s regulations to ensure your document is legally binding. Some states have specific requirements, such as using specific language, having witnesses, or notarizing the document. You may also find state-specific living will forms online or at your local hospital.

Step 3: Reflect on Your Medical Treatment Preferences

Consider the medical treatments you would like to receive or avoid in various circumstances, when creating a living will such as:

1. Life-sustaining treatments: These include mechanical ventilation, dialysis, and tube feeding.
2. Pain management: Specify your preferences for pain relief, such as the use of opioids or other medications.
3. CPR and resuscitation: Determine if you want healthcare providers to perform CPR or use a defibrillator if your heart stops.
4. Organ and tissue donation: State your wishes regarding organ and tissue donation for transplantation or research purposes.
5. End-of-life care: Outline your preferences for end-of-life care, such as palliative care, hospice care, or home care.

Step 4: Choose a Healthcare Proxy or Agent

A healthcare proxy or agent is a trusted individual you appoint to make medical decisions on your behalf if you become incapacitated. This person should understand your values and be willing to advocate for your wishes. It is also helpful to choose an alternate proxy in case your primary proxy is unavailable or unable to serve.

Step 5: Creating Your Living Will

Using your state’s living will form or a template as a guide, create your living will to include:

1. Your personal information: Include your full name, date of birth, and contact information.
2. Healthcare proxy or agent: Clearly identify your healthcare proxy and alternate proxy, including their full names, addresses, and contact information.
3. Treatment preferences: Detail your medical treatment preferences, as discussed in Step 3.
4. Special instructions: Include any additional instructions, such as religious or cultural considerations, that you would like healthcare providers to consider.
5. Signatures: Sign the document, and if required by your state, have witnesses sign as well.

Step 6: Make Your Living Will Legally Binding: Creating a Living Will

To ensure your living will is legally binding, follow your state’s specific requirements, such as:

1. Notarization: Some states require that your will be notarized.
2. Witnesses: Most states require one or two witnesses to sign your living will, and some states have specific rules about who can serve as a witness.
3. Copies: Create copies of your living will for your healthcare proxy, healthcare providers, and close family members.

Step 7: Review and Update Your Living Will Periodically

Your medical treatment preferences may change over time, so it’s essential to review and update your living

will periodically. Major life events, such as a change in marital status, the birth of a child, or a significant change in your health, should also prompt you to review your living will. Make sure to communicate any changes to your healthcare proxy, healthcare providers, and close family members.

Step 8: Store Your Living Will in a Safe Place

Store your living will and any copies in a safe and accessible place. Avoid storing the document in a safety deposit box, as it may be challenging for your healthcare proxy or family members to access it quickly in an emergency. Consider using a secure digital storage service for creating your living will available online for easy access.

Step 9: Share Your Living Will with Your Healthcare Providers and Loved Ones

Ensure that your healthcare providers and close family members have a copy of your will. Inform them of your healthcare proxy and provide their contact information. This step is crucial in ensuring your wishes are honored in the event of an emergency.

Step 10: Consult with an Attorney

While it is possible to create a living will without the assistance of an attorney, it can be beneficial to consult with a legal professional to ensure your document complies with your state’s laws and covers all relevant aspects. An attorney can also help you navigate any potential conflicts or challenges that may arise.

Creating a living will is an essential step in planning for your future medical care and ensuring your wishes are honored. By following the steps outlined in this blog, you can create a comprehensive living will that communicates your preferences, appoints a trusted healthcare proxy, and provides peace of mind for you and your loved ones. Remember to review and update your will periodically and consult with a legal professional if needed.