A living will is a legal document specifying your wishes regarding medical treatment if you cannot make those decisions due to incapacitation. Unlike a traditional Will, which deals with the distribution of your assets after death, a Living Will focuses on your healthcare preferences during life.
Living Wills often address scenarios such as:
- Life-Sustaining Treatments: You will be instructed on whether you wish to receive treatments that prolong life, such as ventilators or feeding tubes.
- End-of-Life Care: Preferences for palliative care or comfort care if you’re terminally ill.
- Organ Donation: Whether you want to donate your organs after death.
Planning for the unexpected is vital to protecting your future and your family’s well-being. One of the most critical aspects of that planning involves creating a Living Will. This document outlines your medical treatment preferences if you cannot communicate those decisions yourself. At Douglass and Runger, we assist clients in Memphis by creating comprehensive Living Wills that ensure their healthcare wishes are respected.
Why is a Living Will Important?
A Living Will provides clarity and peace of mind for you and your loved ones. Without a Living Will, your family may face difficult decisions about your care without knowing your preferences. Having a Living Will ensures that your healthcare decisions are respected, even if you’re unable to communicate them.
Benefits of Having a Living Will
- Control Over Medical Care: A Living Will allows you to control your medical treatment and ensures that your healthcare preferences are followed.
- Reduced Family Burden: It relieves your loved ones of the emotional burden of making difficult healthcare decisions on your behalf.
- Prevention of Disputes: A clear Living Will helps prevent disagreements among family members about your medical care.
At Douglass & Runger, we believe everyone should have a Living Will in place as part of their comprehensive estate planning strategy. If you need assistance creating or updating your living will, contact us today to schedule a consultation.
Legal Requirements for Living Wills
Living Wills are legally recognized in Tennessee, but specific requirements must be met to ensure the document is valid. These include:
- The Living Will must be a written document that clearly outlines your healthcare wishes.
- You must sign the document in the presence of two witnesses or have it notarized.
- You must be of sound mind when creating the Living Will.
Failing to meet these requirements could result in an invalid Living Will, leaving your healthcare decisions up to others. Our attorneys at Douglass & Runger can help you ensure that your Living Will meet all legal requirements so your wishes are fully protected.
Living Wills and Medical Decisions
A Living Will is closely related to other legal documents that help guide medical decisions, such as a Durable Power of Attorney for Healthcare and Advance Directives. While a Living Will outlines your preferences, a Durable Power of Attorney for Healthcare designates someone to make decisions on your behalf if you’re incapacitated.
Living Wills vs. Durable Power of Attorney for Healthcare
- Living Will: Specify your healthcare preferences in writing.
- Durable Power of Attorney for Healthcare: Appoints a trusted person to make healthcare decisions for you if you cannot make them yourself.
Both documents are essential components of a comprehensive estate plan, ensuring that your medical decisions are respected through written instructions or by someone you trust.
Updating and Changing Your Living Will
Your Living Will is not a static document. As your life circumstances change, you may need to update it to reflect your new preferences.
When Should You Update Your Living Will?
- After Major Life Events: Events such as marriage, divorce, the birth of a child, or a significant change in your health may require updates to your Living Will.
- Changes in State Laws: If you move to a new state or the laws in Tennessee change, you should review your Living Will to ensure it’s still valid.
Our attorneys can help you review and update your Living Will whenever necessary, ensuring it always reflects your current wishes.
