Setting Up a Living Will and Healthcare Directive: Your Medical Wishes Defined
When it comes to planning for the future, many people focus on creating a will or trust to protect their assets and ensure their loved ones are taken care of. However, estate planning goes beyond just financial matters. It also includes making arrangements for your medical care in case you are unable to make decisions for yourself. This is where a living will and healthcare directive come into play.
This article will explain the process of setting up a living will and healthcare directive, providing you with the necessary knowledge and steps to define your medical wishes.
Summary:
- What is a Living Will?
- What is a Healthcare Directive?
- What is the Difference Between a Living Will and a Healthcare Directive?
- The Importance of a Living Will
- The Importance of a Healthcare Directive
- Do I Need Both a Living Will and a Healthcare Directive?
- How to Set Up a Living Will and Healthcare Directive
1. What is a Living Will?
A living will outlines your preferences for medical treatment if you become unable to make decisions for yourself due to severe illness or incapacity. It can specify the types of life-sustaining treatments, such as ventilation or tube feeding, that you would want or not want under certain conditions. The aim of a living will is to ensure your medical wishes are followed even when you’re not able to communicate them yourself.
2. What is a Healthcare Directive?
While the terms “healthcare directive” and “living will” are often used interchangeably, they do have distinct meanings. As explained above, a living will specifically outlines your wishes for end-of-life medical care, such as whether you want life-sustaining treatments.
A healthcare directive is a broader term that can include a living will but also encompasses other documents like a durable power of attorney for health care. This document allows you to choose someone else to make medical decisions for you if you are alive but unable to do so yourself.
3. What is the Difference Between a Living Will and Healthcare Directive?
A living will and a healthcare directive, while similar, serve different purposes in the realm of medical decision-making. A living will is a document that specifically outlines what types of medical treatment you would like to receive, or not receive, if you become incapacitated and are unable to communicate your wishes. This often includes preferences regarding life-sustaining measures like ventilation, and artificial nutrition.
On the other hand, a healthcare directive, also known as a durable power of attorney for healthcare, names a specific individual to make your medical decision if you’re unable to do so. The person you designate, often referred to as your healthcare proxy or agent, can make decisions that aren’t specified in your living will, taking into account your overall health situation, personal values, and the specifics of the current medical circumstances.
4. The Importance of a Living Will
A living will is a critical document that ensures your medical wishes are respected, particularly in situations where you may be unable to communicate them yourself. It outlines your preferences regarding life-sustaining treatments like tube feeding or resuscitation, in the event of a terminal illness or severe injury. This clarity can prevent confusion or disputes among family members and medical professionals about your desired course of treatment.
Furthermore, it can provide peace of mind knowing that your care will align with your personal beliefs and values. Essentially, a living will empowers you to maintain control over your healthcare decisions, even during times when you might not be able to express them.
5. The Importance of a Healthcare Directive
A healthcare directive is crucial as it appoints someone you trust to articulate your medical preferences in case you become unable to communicate or make decisions for yourself. It ensures that your healthcare providers and loved ones are aware of and can respect your wishes regarding medical treatment. Without a healthcare directive, these difficult decisions could be left to unprepared family members, potentially leading to disagreement and distress during an already challenging time.
6. Do I Need Both a Living Will and a Healthcare Directive?
While a living will and a healthcare directive serve similar purposes, having both can provide a more comprehensive plan for your medical care. A living will outlines your preferences for end-of-life treatments like your feelings on life support. However, it’s impossible to anticipate every medical situation you might encounter.
That’s where a healthcare directive comes in. This document appoints a trusted individual to make medical decisions on your behalf if you’re unable to do so, covering situations that your living will may not address. Additionally, your healthcare proxy can interpret your wishes in light of unforeseen medical advancements or circumstances.
Therefore, while each document is valuable on its own, having both a living will and a healthcare directive put together by an estate planning attorney can provide a more thorough safeguard for your healthcare wishes.
7. How to Set Up a Living Will and Healthcare Directive
Setting up a living will and healthcare directive with the aid of an estate planning attorney can be a straightforward process. Initially, it involves a detailed discussion about your medical treatment preferences in various scenarios. This could include decisions about life-sustaining measures, end-of-life care, and organ donation.
Once you’ve clarified your wishes, the attorney will draft the documents—your living will and healthcare directive—according to your specifications. The healthcare directive will also include the appointment of a trusted individual as your healthcare proxy. After these documents are drafted, they need to be signed in the presence of witnesses, according to the laws of your state.
For an experienced Milwaukee estate planning attorney, reach out to Margerie Law. The experts at Margerie Law will guide you through this process, ensuring that your living will and healthcare directives documents are legally sound and accurately represent your wishes. Call Margerie Law today to help us protect your future wishes.
By Paul Margerie, Owner of Margerie Law
Paul Margerie of Margerie Law is a knowledgeable and experienced estate planning attorney based in Wauwatosa, WI. With years of experience helping families and individuals with their estate plans, he offers a gentle touch that puts his clients at ease. He understands the sensitive nature of this work and ensures that all details are taken care of with precision and accuracy. He strives to help each client achieve peace of mind that their future is protected by providing personalized advice and creating tailor-made solutions that fit their individual needs.
