Many people choose to craft a living will as part of their estate plan. These documents serve as a directive that can help protect incapacitated people from getting unwanted medical treatment. The estate planning process can be intimidating and sometimes confusing, but knowing your options can create peace of mind.
What is a Living Will?
A living will is a document that dictates your wishes for your medical care if you become unable to make your own medical decisions. It does not require anyone else to execute it, and since this document is legally binding, it overrides all decisions made by a healthcare proxy or legal guardian. Doctors must follow all wishes you express in a living will.
What is in a Living Will?
A living will can contain any foreseeable medical decision that may be relevant in the event that you become incapacitated.
A common example in many living wills is the “Do Not Resuscitate” (DNR) order. This clause prevents doctors from attempting to resuscitate someone in the event that their heart or breathing stops. A similar provision is the “Do Not Intubate”(DNI) order which tells doctors not to intubate someone if they would require it to assist with breathing or eating.
These choices, and many more, are carefully specified in a living will, and would not require you to rely on your family members to make those decisions for you.
What Are the Benefits of a Living Will?
The primary benefit of a living will is that it allows you to make a clear expression of your medical care wishes without needing to rely on or burden someone else to make those decisions for you. Since a living will is legally binding, it ensures that your wishes will be followed even if you are not able to express them yourself. This can help prevent abuse from your caretakers or medical professionals, who might decide to go against your wishes for their own reasons.
Why Do You Need More Than a Living Will?
Unfortunately, a living will is only a single document, and cannot guard against every possible situation that may come up. That is why a living will is best used as part of a more complete estate plan, including other protective measures like a healthcare proxy and a power of attorney.
The better you prepare for the possibility of incapacity, the more peace of mind you and your loved ones will have should this situation arise.
If you have additional questions, contact Jason Smolen and Daniel Ruttenberg.
About the Authors
Jason Smolen
Jason Smolen is a founding principal of SmolenPlevy. Smolen’s knowledge of complex estate and business issues has drawn the attention of ABC News, USA Today, E! Online, Realty Times and the Bank of America Small Business Online Community. Mr. Smolen is a graduate of the City College of the City University of New York and the George Mason University School of Law. Smolen also serves as a board member of a local citizens association and recently co-authored an article titled Why You Should Think About Spousal Limited Access Trusts (SLATS).
Daniel H. Ruttenberg
Daniel H. Ruttenberg, JD, CPA, LLM is a principal with the firm. Mr. Ruttenberg received his Bachelor of Science degree with a double major in Accounting and Finance from the University of Maryland. He earned his Juris Doctor with Honors from George Mason University School of Law and his Master of Laws in Taxation with Distinction from Georgetown University Law Center. Mr. Ruttenberg also served as the Director of the Fairfax Bar Association (FBA) for seven years. During this period, he was also elected president – the youngest in FBA history and served as a member of the Board of Directors for the Fairfax Law Foundation.
