April 17, 2014. The last essential we need to talk about is the Living Will. Or you may know it as an Advance Directive. The name changes from state to state. What the Living Will does is encapsulate your wishes for your end-of-life care and ensures they are followed. This will only happen, though, when you are both in a terminal condition and unable to make decisions for yourself. Though definitions, again, change from state to state, terminal is usually conceptualized as you are either incapacitated and certain to pass away in a short amount of time, or you are in a permanent, vegetative state.
In these two scenarios, you want to control what happens to you. With a Living Will you can decide ahead of time what happens. Some individuals want aggressive care and want every effort made to keep them alive. For a great many others, however, the idea of being kept on life-support, ventilators, and feeding tubes does not agree with their concept of the quality of life. The Living Will ensures, whatever your preference, that come that time, your wishes are followed.
The other benefit of a Living Will is often its most understated and underappreciated one. It takes the pressure off of your family, who would otherwise have to make the difficult decision. At that point, the decision is often a war between what they want, what they think you would want, and what they think is in your best interests. Not to mention, if more than one family member needs to help make the decision—for example, your children are the ones with the authority—they are very likely going to disagree and fight. When that happens, nothing will get done. By using a Living Will, you remove this burden from your family by taking the decision away. The choice ends with you.
Everyone should have a Living Will, but do be careful. The requirements of Living Wills are quite strict and unique in light of the gravity of the decision being made in the document. For example, in Iowa, there needs to be two witnesses for its Living Will equivalent, but only one of those witnesses can be close family.
For more information about a Living Wills or estate planning, contact the Goosmann Trust Law Counsel at info@goosmannlaw.com or call 712-226-4000.
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