Living
Wills and Estate Planning
by: Ronald Hudkins
A living will is a document
you draft that stipulates what kind of treatment you
want or don’t want in the event of an unrecoverable
illness or injury that leaves you unable to speak
for yourself. It gives you the power to refuse
extraordinary measures that would keep your body
alive when there is no hope of recovery, and when
you would choose, if able, to die a natural death.
People have differing
attitudes and beliefs about what constitutes life
and quality of life. For some, their religious
beliefs dictate that any form of life is sacred and
should be preserved as long as is humanly possible.
Others believe life ends when the brain ceases to
function and that life-support in this state is a
form of dehumanization and a burden on loved ones,
emotionally and economically.
A living will allows you to
make your desires known on this issue. Without a
living will or advance directive, it is incumbent on
the hospital or healthcare facility to continue to
provide life support, unless a spouse comes forward
to relay your (unwritten) wishes and ask that
life-support be suspended. If there is no spouse,
the closest living relative can speak for you.
However, requests to stop life-support without a
living will or advance directive in place can be met
with resistance by other family members, friends,
and even unaffiliated parties with political
agendas, including members of government.
A living will only comes
into play when multiple conditions have been met.
The will must be legal and in the possession of your
doctor. Your doctor must further find that your
condition precludes you from making a competent
decision about the care you wish to receive. Lastly,
a second doctor must concur and both physicians must
also find you to be terminally ill or permanently
unconscious.
Living wills can be drafted
by lawyers, via software programs, or by simply
writing out your wishes and desires; it’s best to
follow an official form as the language will not
leave room for ambiguity, and laws that regulate
living wills vary from state to state. The document
requires a signature and the signing should be
witnessed by two people who also lend their
signatures as proof. Alternately, you can have it
officially notarized. A copy should be given to your
doctor to be kept in your file. If at any time you
change your mind about the conditions you set forth
for yourself, you are free to retrieve and destroy
all copies of the existing will, and replace it with
a newly drafted and notarized document.
1. Though the task of
making a living will may not be a joyous one, it is
not only in your best interest but in the best
interest of loved ones. An advance directive also
allows you to stipulate what kind of medical care
you wish to receive, or do not wish to receive, and
can be as detailed and specific as you like. Your
children: Be aware that your wishes may not
necessarily be the same as their wishes – you should
try to avoid disagreements among your children by
carefully spelling out your wishes in a Living Will;
2. Your physician and HMO
(if applicable): Have original copies of your Living
Will made a part of your medical record so that it
is clear to your health care providers what your
wishes are.
But other types of medical
issues that do not include life support may arise.
For example, you also make decisions on which
procedures or surgeries to have. Who will step into
those cases if you become incapacitated? A living
will does not allocate property rights or estate,
which is covered in a standard will, often referred
to as the last will and testament.
Copyright 2006 Ronald
Hudkins
About The
Author
Ronald E. Hudkins aggressively coordinates
with government agencies, organizations and
field experts to compile information
designed to help consumers avoid deceptive
business practices. He is currently
publishing his site that specializes in
asset protection and estate planning. The
site includes how to find, research
credentials, interview and hire an estate
planning attorney. The site overviews
community based services available for
long-term care and provides massive
information resources. Estate documentation
(personal and financial) is overviewed and
an Estate Planning Checklist is included.
The site covers Medicaid planning and
eligibility requirements as well as a legal
frequently asked questions section and much
more. A description of his education and
experience can be found at
http://www.AssetProtectNow.com.
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