There are many components to a good estate plan. One document that every plan should include is a living will. This document clarifies your choices if you ever become incapacitated. Under the law, a living will needs to include certain elements, so it is important you work with a Cranston, RI living will lawyer. The following is a brief overview. Call McCarthy Law, LLC for more detailed information and help putting together your estate plan.
What Exactly Is A Living Will?
Unlike a last will and testament, which addresses what should be done with your assets and property when you die, a living will is a document that details what your wishes are concerning any medical procedures you agree to in the event you suffer a medical event that leaves you in critical condition and unable to articulate those wishes. A living will is also sometimes referred to as an advanced directive.
A living will can specify what types of extraordinary treatment measures – if any – you would agree to to sustain your life if there is no chance for recovery. An individual may include in their living will that they consent to palliative care (care which will alleviate pain and suffering), but they do not consent to extraordinary measures (i.e., respirator or CPR) under certain medical circumstances.
A living will takes effect when it is determined that the individual no longer has the ability to communicate with their medical care team what their treatment wishes are, although physicians do prefer to base medical treatment on personal communication with their patients as long as physically possible for the patient.
Advantages Of A Living Will
A major advantage of a living will is that it allows you to create a voice for yourself in the event that you will not be able to speak up in the future. It may be difficult to contemplate a time when you are incapacitated and unable to make a medical decision for yourself. With a living will, you can preempt those decisions by choosing your course of medical treatment ahead of time.
Another advantage to a living will is providing peace of mind for your family. Often, family members are left responsible for making life-or-death decisions without knowing what their loved one’s wishes are. Conversely, many family members do know what their loved one’s wishes are but may not agree with those decisions. A Cranston living will lawyer can help you clarify your wishes and relieve your family of the burden of such an emotional decision.
Do I Need A Lawyer?
No one wants to think about the day that will inevitably come for all of us when we are no longer here for our families, but by not planning ahead, there is a large risk that our wishes will not be honored if those wishes are not legally written down somewhere. By having your wishes legally documented, you also take the burden off of loved ones in making these critical decisions on whether you would want extraordinary measures. While you are not legally required to retain a Cranston, RI living will lawyer to draft these documents, there is a great risk your wishes could be challenged if the documents you draft do not adhere to Rhode Island probate law. Call McCarthy Law, LLC to learn more.