Creating a living will: How to write a legal will

Creating a living will: How to write a legal will

Learn how to write your own living will and make sure it is legal.

A living will is a legal document, known as an advance directive, that gives instructions to health professionals. It lets them know the circumstances under which you would like to be kept alive and those under which you would not. The document details all of your wishes in the event that you are unable to speak for yourself. This includes being incapacitated by a coma or being unable to communicate after a sudden illness.

To begin with, there are two main ways to create a living will. You can either have a legal professional create one for you or you can do it yourself. If you have a legal professional prepare the living will for you, hire one who specializes in this type of law in your state. If the living will is for an elderly person, find a lawyer who specializes in elder law.

Writing Your Own Living Will. It is also possible to write your own living will. If you are going to do it yourself, the first thing to do is find out the laws for legal living wills in your state. It will be helpful to follow these guidelines when beginning your search:

• Start by doing an Internet search with the words 'living will' followed by the name of your state. For example, if you were searching in New Jersey, you would use a search engine to search for 'living will New Jersey.' Your search will uncover many sites. Look to see if your state's website is in the list. That would be the best place to start.
• When creating a living will, read all the information provided about living wills before you begin filling out the legal forms. Your state's site should have downloadable forms specific to that state and instructions for completing the paperwork.
• Another way to do it yourself is to use a website like LegalZoom. On these websites, you fill out a questionnaire and the site prepares your document for you. When it is finished, you can look it over and decide whether to purchase the document. This is a simple way to 'do it yourself.' It costs more than doing all the paperwork yourself, but it takes a lot of the guesswork out of it.
  Note: Even if you create your living will this way, it is still a good idea to research your state's laws yourself before doing so.
• While creating your living will, discuss the choices you are making with your loved ones so they are aware of your choices and understand the reasons behind them. Ask them to respect your wishes if the time comes when the living will needs to be used.
• Whether you have a legal professional create your living will or you do it yourself, make sure the document is signed, witnessed, and notarized according to the laws of your state.
• A legal copy is necessary if the directives in the living will are to be carried out. Therefore, everyone who is given a copy of the living will needs to have a legal copy, not just an ordinary copy. If a legal copy cannot be produced at a critical decision time, your wishes may not be carried out.

End-of-Life Medical Conditions. The following is a list of common medical conditions that are typically covered in a living will:

• Resuscitation – This is the act of reviving a person whose heart has stopped, using CPR or electric shock.
• Mechanical Ventilation – This is the use of machinery to support breathing. Often, people on a mechanical ventilator cannot breathe on their own due to sudden illness or injury.
• Feeding Tube – A feeding tube is inserted when a person can no longer eat or drink on their own. It provides nutrition and water to the body through a medical device.
• Dialysis – This mimics the function of the kidneys by removing toxins from the bloodstream. It is used for patients in kidney failure.
• Loss of Speech – A variety of sudden illnesses and injuries can leave you unable to communicate due to temporary paralysis or other medical conditions. In this instance, you will want to arrange for someone to speak on your behalf.

Be aware that not all states require doctors and hospitals to carry out the wishes in a living will, even if it has been properly prepared. Find out the laws in your particular state.

Durable Medical Power of Attorney. As a backup, you may want to consider getting a durable power of attorney for health care. This document gives another person the authority to make medical decisions for you if you are incapacitated. This person will need to be chosen carefully because they will be making health care decisions on your behalf. This may include signing papers that authorize surgery. That is why you should consider the following factors when choosing a health care proxy:

• Friends and relatives. Make sure the person is a close friend or relative, and tell them your wishes before the time comes to sign the paperwork.
• Get detailed. Let people know exactly what you want. Make sure to cover the various ways someone may be kept alive using extreme measures.

Consider a Living Trust. In addition to your medical concerns, you may also want to consider forming a living trust. A living trust is much the same as a will except that it is not bound by probate. Probate is the process by which assets are dispersed when a person is deceased. A living trust is a faster and more private form of estate planning. The downside is that a living trust can be more complicated when it comes to making changes and adding assets.

Hopefully, this has helped you learn how to create a living will. Once the living will is created and made legal, there is one last thing you need to do. Make sure that your copy and the copies you have given to others are kept in safe, accessible locations in case they are needed on short notice.