Living Will

Another useful document is a living will. These documents provide that if you become permanently unconscious, in a persistent vegetative state, or likely to die within a short period of time, the healthcare providers must withhold or withdraw medical treatment and allow you to die a natural death. The living will provides that the healthcare providers continue to provide medical care and treatment that keeps you comfortable. A client's choice to use this document saves the client's family from making agonizing decisions. Also, if a client does not have a living will, the family cannot withdraw or withhold medical treatment. For instance, a client without a living will who, for some reason, becomes comatose, must live in a coma, sometimes for months or years. I recommend all my clients to carefully consider using a living will. 

Here is a link to the South Carolina statutory DECLARATION OF A DESIRE FOR A NATURAL DEATH from the South Carolina bar website:  Click Here 

A living will lays out your preferences for life-sustaining medical treatment.  It is often accompanied by a health-care power of attorney, which allows someone to make treatment decisions for you if you are incapacitated and the living will does not have specific instructions for the situation at hand.  “Living will” and “advance directive” are often used synonymously, but a living will legally only applies after a terminal diagnosis, whereas an advance directive is much more comprehensive and includes the health care proxy.

A living will is not a binding medical order and thus will allow medical staff to interpret the document based on the situation at hand.  A living will become activated when a person is terminally ill, permanently unconscious, or in a persistent vegetative state. Terminal illness is defined as an illness from which a person is not expected to recover even though they are receiving treatment. If your illness can be treated this would be regarded as a critical but not terminal illness and would not activate the terms of your living will.

A living will is important because it  reduces ambiguity so that it prevents family disputes during what is already a difficult time. It may seem like something that can be put off, but life is unpredictable; one never knows when these documents could become relevant. Furthermore, it needn’t be a hassle. A living will is a straightforward document; however, it’s important to work with legal counsel to make sure your beliefs are properly stated. Other health care documents should also be prepared at that time, like a health care power of attorney that designates a person to make health care decisions for you if you are unable.  Once you have signed any documents, make sure you keep them updated, especially if you change states, and be diligent in communicating with whomever you named to act on your behalf.

It's Decision Time:

Don't leave the important decision about what will happen to your assets and those you care about in your absence to a process that you have no control over. 

Take Control, Plan ahead.  

Call Arthur Shealy, Attorney at Law TODAY to request a Free Consultation.