Living Will Questions: 7 Answers You Need to Know

Creating a living will can be a daunting task, especially if you’re unsure about the process or the implications of having one. Here are the answers to the seven most common questions about living wills to help guide you through the process.

1. What Is a Living Will?

A living will is a legal document that outlines your medical treatment wishes in case you become incapacitated and unable to communicate your decisions. It’s also known as an advance health care directive or medical directive. A living will allows you to specify the types of medical treatment you want or don’t want to receive, such as life-sustaining treatment, pain management, and organ donation. This ensures that your health care providers and family members are aware of your preferences, providing peace of mind that your wishes will be respected.

Do you have questions about a living will but don’t know who to ask. Here are the seven most common questions about living wills answered.

Do you know that only 25% of Americans have living wills?

You might think you don't need a living will, while others confuse living wills with last wills and testaments.

If you're preparing to start your estate plan, you may wonder what a living will is and whether you need one.

If you're in this position, you may want to read this guide, as it explains the answers to seven common questions about living wills.

1. What Is the Primary Purpose of a Living Will?

The first question people wonder is, “what is a living will?“ You can understand this by learning about the primary purpose.

You may also want to learn the differences between a living will and a living trust, as many people confuse the two as well.

The primary purpose of a living will is to create a plan for your healthcare needs for the future. In addition, a living will controls what medical care and procedures you receive if you ever encounter a life-threatening situation.

Living wills also go by the name “advance health care directives.” If you hear this term, it’s just another name for a living will.

2. Who Should Have a Living Will?

Another one of the top questions about a living will in Arizona is who needs one. Does everyone need one? Can you get by without one?

As mentioned above, only 25% of people have them, but most people should have one. As you learn more about living wills, you might decide that living without one is a risk.

A living will provides protection to you and your family. It eliminates the need for your family to make difficult decisions for you. Instead, you decide most things ahead of time. A living will is crucial for outlining personal wishes for end-of-life care, ensuring that your values and preferences about life-sustaining treatments are respected.

You may never need to use the living will and its components, but there’s also a chance you might.

3. What Are the Main Components in a Living Will?

You can ask a living will lawyer about the components in a living will, and they will likely tell you about two main things:

The Outline of Your Medical Decisions

The first component of a living will is the decisions you make regarding your medical care. Decisions about life support are a crucial part of the medical decisions outlined in a living will. We’ll discuss this more later, but you will have several vital decisions to make.

Your lawyer will help you learn what these are and your options. Your attorney will include them in your living will, and your family can reference them if needed.

A Healthcare Power of Attorney

The other main component of a living will is a healthcare power of attorney, also known as a health care agent, which you select. This person manages your living will if you ever encounter a situation when you need it.

You must choose someone you trust to handle this position, as they will ensure that the medical staff carries out your wishes. This person has the legal power to enforce your living will when necessary.

4. What Are the Risks of Not Having One?

The next question you might want to ask is about the risks of choosing not to have a living will. Creating a living will is optional.

In other words, it’s not a legal requirement. However, choosing not to have one has risks.

If you don’t have a living will when you need one, your family will not be able to follow through with your medical and healthcare wishes. They may have to fight to get what they know you wanted. It is also crucial to ensure that your advance directives are communicated to the health care facility to respect your preferences during treatment.

5. When Does a Living Will Become Effective?

One of the top questions people want to know about living wills is when they become effective. In many cases, people make living wills and never need them. Your living will only becomes effective in certain situations.

If you become unable to make your own medical decisions, your living will takes effect. So for example, if you’re in a coma, you wouldn’t be able to make decisions.

Another example is if you are certified as terminally ill and cannot communicate your needs any longer. Your living will also takes effect if you suffer major memory loss.

The purpose is to prepare your decisions ahead of time, so your family can enforce them if you cannot communicate them to the doctors or healthcare workers.

6. What Decisions Do You Need to Make When Creating One?

One of the top questions to discuss is what decisions to include in your living will. Here are some of the main ones. It is important to include decisions about life-sustaining measures, such as life support and dialysis, to ensure your wishes are respected if you are unable to communicate.

Resuscitation

If your heart stops beating, do you prefer them letting you go or attempting to resuscitate?

If you don't decide this now, the doctors might be required to resuscitate.

Intubation

You can also decide if you want the healthcare workers to intubate you if you can't eat or drink yourself. Doctors can use intubation to keep a person alive when they are in a coma or unable to eat or drink for other reasons.

Ventilation

A living will also lets you decide if you want the doctors to use a ventilator if you can't breathe on your own. If you don't, make sure you write this on your living will.

Organ Donation

Finally, you can use your living will to discuss your organ donation desires. Would you like to donate your organs if you have healthy ones that could help someone? You can decide and include it in your living will.

8. How Do I Create a Living Will?

Creating a living will involves several steps:

1. Determine your state’s requirements: Each state has its own laws and regulations regarding living wills. Check with your state’s health department or consult an estate planning attorney to understand the specific requirements in your area.
2. Choose a format: You can use a pre-made template or work with an estate planning attorney to create a customized living will that fits your unique needs.
3. Specify your wishes: Clearly outline your medical treatment preferences, including decisions about life-sustaining treatment, pain management, and organ donation. Be as detailed as possible to avoid any ambiguity.
4. Appoint a health care proxy: Select a trusted family member or friend to act as your health care proxy. This person will make medical decisions on your behalf if you become incapacitated.
5. Sign and notarize: Sign your living will in the presence of two witnesses and have it notarized if required by your state. This step ensures that your document is legally binding.
6. Distribute copies: Provide copies of your living will to your health care providers, family members, and health care proxy. This ensures that everyone involved in your care is aware of your wishes.

By following these steps, you can create a living will that clearly communicates your medical treatment preferences and ensures that your wishes are respected.

7. Do You Need a Lawyer to Make One?

Finally, you might wonder if you need a lawyer to make one. The answer is yes. You should hire a lawyer in Chandler, Arizona, when you're ready to start working on your living will.

A lawyer will make sure your living will contains everything it should. They will also help you create other estate planning tools that you might need.

11. Understanding the Legality and Consequences

A living will is a legally binding document that outlines your medical treatment wishes. Here are some key points to understand:

1. Legality: A living will must be signed and notarized, if required by your state, to be considered a valid legal document. This ensures that your medical decisions are respected and followed.
2. Consequences: Without a living will, your family members or health care providers may have to make medical decisions on your behalf. These decisions might not align with your personal wishes, leading to potential conflicts and stress for your loved ones.
3. State laws: Each state has its own laws and regulations regarding living wills. It’s essential to understand your state’s specific requirements to ensure your living will is valid and enforceable.
4. Health care provider obligations: Health care providers are obligated to follow your living will, but they need to be aware of its existence. Make sure to provide copies of your living will to your health care providers to ensure they can honor your wishes.

By understanding the basics of living wills and following these steps, you can ensure that your medical treatment wishes are respected and followed in case you become incapacitated. This not only provides peace of mind for you but also alleviates the burden on your family members during difficult times.

Are You Ready to Create a Living Will for Protection?

As you read through these questions and answers, you may better a living will and how it works. You might also decide that you want to have one for your estate plan.

If you decide to make one, contact us at Citadel Law Firm. We offer all types of estate planning services, including living wills, and we can help you cover all your bases in your estate plan.  Call (480)565-8020 to schedule your free consultation, or click here.