What is a living will and why do I need one?

What is a living will? Why do I need one? How is that different than a medical power of attorney?

One of our biggest jobs as attorneys is managing risk. We try to think of everything that could possible go wrong in a situation. One of the worst scenarios imaginable is if you were to become unexpectedly incapacitated, rendering you unable to make decisions for yourself. This could be the result of a health condition or even a bad car accident. A living will is the solution to that. A living will expresses to your healthcare surrogate or the hospital your healthcare wishes in the event you are unable to peronsally make them. Some people want the medical professionals to do everything possible to bring them back, others want them to try their best, but at a certain point to be let go. It can be a difficult decision to make but a living will allows you to express those wishes when you are unable to do so.

A medical power of attorney legally appoints someone as your healthcare surrogate. This means that if you were for some reason unable to make medical decisions for yourself, that this person could make them on your behalf. The living will expresses to your surrogate and medical professionals your general wishes but the medical power of attorney allows them to make any decisions regarding your medical care and to even manage who gives that care. Your healthcare surrogate should be someone you trust to carry out your wishes, even when those calls may be difficult to make.

It can be easy to put off planning for the worst, or to try not to think about it. However, it is vital that you plan for the unexpected and, if that rainy day ever comes, you will be glad you did.