A Living Will (also known as an Advance Healthcare Directive) is a legal document that indicates the kind of medical treatment you want to receive if you became incapacitated and unable to make healthcare decisions for yourself. A Living Will is part of most basic estate plans (Will, Living Will, Financial Power of Attorney, and Healthcare Power of attorney make up a basic estate plan). Your Living Will can indicate:
• Whether you want to be kept alive on life support if you become incapacitated and terminally ill.
• Whether you want to be resuscitated.
• Whether you want to receive dialysis.
• Whether you want your organs to be donated.
By having a Living Will, you can ensure that you have the healthcare you want, avoid unnecessary suffering, and relieve your family from having to make tough decisions on your behalf.
The downsides of a Living Will are that (1) medical instructions are limited in scope to what is written in the Living Will and (2) health care providers may not always have access to your Living Will. For these reasons, it is recommended that, in addition to a Living Will, you have a Healthcare Power of Attorney (also known as a Designation of Healthcare Surrogate) where you name a surrogate who can make healthcare decisions on your behalf if you become incapacitated. Make your surrogate aware of what type of medical treatment you want if you are terminally ill and provide your surrogate a copy of your Living Will.