The Value of a Living Will

Another tool that is important in your estate planning is the living will. The living will garnered a lot of attention during the case of Terri Schiavo. Terri suffered brain damage and remained in a persistent vegetative state. Her husband and guardian, Michael Schiavo, petitioned the court to remove her feeding tube. Terri’s parents objected. This controversy lasted several years and sparked a huge debate as to who had the right to make decisions for Terri, her husband or her parents.

After 14 appeals, numerous motions, and petitions, a ruling was issued in favor of Terri’s husband and her feeding tube was removed. Terri died at Pinellas Park hospice on March 31, 2005.

One way to avoid the issue detailed above is to have a living will prepared. MyLegaledge.com offers living will form products specific to your state. If you are not able to find the form you need, just e-mail us at staff@mylegaledge.com. You may also leave your comments here at MyLegalReview.com.

What is a Living Will?

A living will is not a traditional will at all. A living will is also known as a health care directive or directive to physicians). The living will expresses your desires and wishes about your medical treatment if you are unable to communicate these instructions due to terminal illness or you suffer unconsciousness.  The living will can direct medical professionals to do the following:

• Withhold Treatment;
• Ask for Available Treatment;
• Choose or Reject Available Medical Treatments.

Remember, your living will does not take effect unless it is medically determined that you are no longer capable of communicating your medical preferences.

Durable Power of Attorney

The durable power of attorney can serve the same function as a living will. This legal document gives the attorney-in-fact the authority to make health care decisions for you when you are no longer capable of doing so. The  major difference between the durable power of attorney and the living will is the fact that the durable power of attorney may be called upon to carry out the instructions of the living will. The attorney-in-fact may also be called upon to use his or her own personal judgment about your medical needs.

A durable power of attorney can be used whenever you are unable to make your own medical decisions. It does not depend on terminal illness or permament unconsciousness to become effective. It is highly recommended that you have both forms as a part of your estate planning documentation.

Without a prepared living will or durable power of attorney, family members may have a difficult time deciding what is medically best for you when you are unable to do so. Taking a little time to complete these valuable estate planning tools will avoid major confusion and give you and your family a piece of mind if the unthinkable happens.

To assist you in this process, MyLegalEdge.com offers both living will forms and durable power of attorney forms. You may also leave your comments here at MyLegalReview.com.