A living will is a document which outlines what types of care you want (or do not want) if you should become incapacitated and unable to make your own decisions.? A living will has other names (e.g. ?Advance Health Care Directive? in California), but it is completely different from a conventional will or living trust, which deal with your assets and property.? A living will is strictly focused on your health care directives.
In order to obtain a living will, you must be a legal adult (typically, 18 years of age).? You must be competent and of sound mind.? Your document can be as detailed as you want it to be because it will become effective as soon as your doctor determines that you are no longer able to make your own health care decisions.? Typically, a doctor will determine that you lack the capacity to make your health care decisions if:
- you cannot understand the nature and consequences of the health care options that are being presented to you, and
- you are unable to communicate your decisions, either orally, in writing, or through gestures.
If there is indecision about your capacity and/or ability to communicate clearly, your doctor may consult with your health care proxy or family to decide whether it is time for your living will to become effective.? Thus, it is also important to appoint a health care agent.? For more information about health care agents, read my blog titled ?Health Care Proxy.?
If your living will states that it becomes effective immediately upon incapacitation, your health care proxy does not have the authority to override your wishes in terms of treatment.? This is why a living will is so important ? make your health care decisions now while you have the capacity and the time!
At the law office of Robert L. Firth, we are committed to providing quality legal representation to individuals and businesses facing difficult legal challenges.? We believe in providing compassionate service at reasonable rates.? If you need to speak with an attorney about bankruptcy, estate planning and probate, real estate tax deferred exchanges, small business services or another important legal matter, contact the law office of Robert L. Firth at 760-699-2892.
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