End of life issues are complex. It’s no wonder many of us avoid making decisions about how things will be handled. It’s a difficult and uncomfortable subject.
But, you do need to think about how you’d like your final days to play out – for your own comfort and your loved one’s well-being. At the very least, you should draw up a living will to list who your durable power of attorney is.
Why You Need a Living Will
In short, you need a living will to ensure your end of life care wishes are carried out.
A living will also helps avoid family disputes over issues like who will make health care decisions for you when you’re no longer able to.
Your living will should detail what care and treatments you accept, fear, or simply do not want. It’s also important to state if you want to be resuscitated should your heart stop or you stop breathing.
If you fall terminally ill, where do you want to live? It might be at home, in a hospital, or a care facility. A living will allows you to spell out these things. It also provides the opportunity to list how your care will be paid for, be it privately or through insurance. Some treatments and nursing homes are costly, and you don’t want to leave your family with a financial burden when they’re grieving for you.
Finally, your living will should state what happens when you fall ill, become permanently unconscious, or can no longer convey your wishes.
A Living Will Is a Legal Document
Your living will is a binding legal document. Telling someone what you want when you’re no longer able to make your own decisions or even just jotting it down isn’t enough. Your wishes must be legally outlined in compliance with the law.
Can Your Doctors Override Your Living Will?
Ultimately, your doctors are responsible for your treatment. So, they are not legally required to follow your living will. Yet most do. The best way to find out whether or not your medical team will respect your wishes is to talk to them in advance. Tell them about your living will and your wishes. If a doctor has issues with any of your choices, you can discuss them.
It’s an important discussion to have, even if you are certain your doctor respects your wishes. There could be medical elements you’ve not considered or included in your living will. It’s a time for your doctor to raise questions, point out anything you’ve overlooked, and clarify certain points.
However, when there is an emergency, a doctor may override your living will to ensure proper care in a certain way and within ethical obligations. Your doctor should talk to you about such issues when you give them a copy of your living will. If your medical experts are not willing to comply with your wishes, or unable to do so, they are obliged to transfer you to another doctor.
What About Your Family?
A living will is a vital part of the estate plan. You can alter it as your preferences and needs change over time. But taking the time to carefully create this document and detail your wishes gives you peace of mind. It’s also a big help for your loved ones during a stressful time.
But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions. You can also allow your representative or appointed Power of Attorney to change the terms in your living will or revoke a directive.
Most importantly, though, is to make sure your living will is a legal, binding document. For that, you should consult with an experienced attorney.
Book a consultation at Principal Law Firm today to discuss your living will and wishes.
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