A living will, in essence, outlines the type of medical care you wish to include or exclude in the event that you become too ill to actually make an autonomous and informed decision. The directives may consist of your desire not to be given cardiopulmonary resuscitation in case of a cardiac or respiratory arrest.
You may even indicate your request not to receive tube feeding. Then again, it would be a good idea to be informed of the pros and cons of living wills prior to actually drafting one.
Pros Of Living Wills
Since living wills are considered to be legal documents, they need to be signed in the attendance of witnesses. Some states in the U.S. even require the presence of a Notary Public during the signing session. The very obvious importance of making a living will lies in the fact that this legally binding piece of document sheds light on what you – as the patient – want to happen in case something bad occurs and you become too unwell to the point of incapacity.
The phrasing in a living will, however, is meant to be rather vague so as to encompass a wide array of circumstances. In spite of this degree of ambiguity, you would be surprised to know how difficult the situation would be if you did not have one. Needless to say, the apparent beneficiary of this legal document is none other than you – the owner/maker.
In the nonexistence of a living will, some states necessitate the appointment of a patient advocate – someone who would essentially perform the decision-making in behalf of the patient. This individual, also known as the surrogate, may be a spouse, a family member, or a significant and trusted person.
The situation may be a bit different if you have previously drafted your own living will. The indecisiveness in the air during family visits may be assuaged due to the fact that you have already summarized your wishes concerning life support and other health care measures.
In addition, it is never too early to make a living will. For as long as you have reached a legal age and have established the mental capacity to draw out one, then you can go ahead and specify your wishes for the health care provider to follow. Always remember the inevitability and unpredictability of life. It is definitely better to be geared up than to endure the consequences.
Cons Of Living Wills
The cons of living wills involve a certain number of limitations and conflicts. For instance, the vague use of terms may often lead to differing interpretations. You may perceive the directive of "no heroic measures" to encompass artificial nutrition, while a doctor may not view the phrase in that same light.
In addition, living wills only become active when a person is diagnosed of a terminal illness, or when he or she has become incapacitated. Accordingly, physicians may dispute about whether or not a patient's condition falls under any of these valid categories.
Without the required diagnosis, the individual may continue to receive medical treatment that would have been in contrast to the directive if it were to take effect. That is why a lot of people opt to be more specific in the use of words for their living wills.
The pros and cons of living wills should always be taken into account when making one. Remember that you will only be able to improve the draft after you have considered the negative aspects of the situation, as well as the possible ambiguities in the document.
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Nobody can really tell what the future holds. Because of this fact, a lot of people have taken measures to make sure that things will turn out as smoothly as possible.
If you want to jump right onto the same bandwagon, then you better be equipped with the right knowledge prior to making that decision. Living wills or living trusts can provide you with that much-needed preparation but you certainly need to learn about these legal documents before you could actually take your pick.
Living Wills Vs. Living Trusts
If you want to know which legal document is more appropriate for you, you first need to find out the coverage of living wills or living trusts. Since they're both legally binding, every adult person should almost certainly know how each could be of assistance to them in the future. In order to properly pick your choice, you have to know their differences.
A living will is a legal document that discloses a person's wishes concerning health care. Its contents will only be effective once the maker falls into an incapacitated state wherein he or she is no longer capable of conveying his or her decisions.
The directives contained within it usually indicate one's desires not to receive treatment or be kept alive by means of artificial life support measures.
Once you're in an incapacitated condition, your family will have to make all the health care decisions for you. Aside from that, they will have to put up with the financial burden of your hospitalization. By restricting medical treatment, a living will could keep a tight rein on hospital expenses that could use up or even totally exhaust all your family's remaining funds.
On the other hand, a living trust – also known as inter vivos trust – is a legally binding document that is drawn up for the purpose of controlling ownership to a person's assets in his or her entire lifetime, and for allocating those properties after death.
The creator or the grantor may also appoint a trustee who will implement the terms indicated in the living trust in case he or she becomes incapacitated or unwilling to perform the duty.
In comparison to a will, the grantor does not necessarily have to pass away for the living trust to take effect. As the name implies, this legal document is effective during the creator's lifetime.
A living trust however is only recommended for people who own a considerable amount of assets and finances. In other words, the necessity to create one is largely dependent on your circumstances, financially speaking.
If still haven’t decided which type of legal to choose, you might as well pick both for as long as the two are applicable to your needs and circumstances.
The obvious similarity is in the financial aspect. Living wills make it possible for you to save your family from all the trouble of paying for enormous hospital bills, provided that your medical condition appears to be beyond any possibility of recovery. On the other hand, living trusts lay emphasis on the need to properly manage your assets according to your preferences.
On the whole, living wills or living trusts make it possible for you to put things in order while you still can. Also, both legal documents allow you to prepare for the inevitable and the unknown.
Living Wills Related Articles
- Knowing The Pros And Cons Of Living Wills
- Facing The Difficult Task Of Making Living Wills
- Advanced Directives And Living Wills In Nebraska
- Differentiating A Living Will And A Living Trust
- Exploring The Contents Of Living Wills
- Living Will Forms And How They Work
- Living Wills And How They Work
- Living Wills And Power Of Attorney
- Living Wills And The Extent Of Your Options
- Living Wills And The Terry Schiavo Case
- Living Wills For Health Care
- Living Wills: How To Plan For The Future
- Living Wills: Putting Your Refusal Into Writing
- Living Wills: Your Right, Your Choice
- Massachusetts Living Wills
- Ohio Living Wills And Other Advance Directives
- Questions Worth Asking About Advance Directives And Living Wills
- Step One: Get Free Living Wills Online
- Succession Law: The Importance of Having a Will
- Take Your Pick: Living Wills Or Living Trusts
- The Advantages Of Living Wills And Living Trusts
- The Basic Details About Kentucky Living Wills
- The Details Of California Living Will Forms
- The Limitations and Alternatives of Missouri Living Wills
- The Ultimate Guide In Making A Louisiana Living Will