Living Will: Importance, Who Should Have
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Quick Facts — Living Will Lawyers
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What Is a Living Will?
A living will, sometimes called an advance directive or an advance health care directive, is a legal, written document that contains your preference for medical care if you cannot make decisions for yourself. A living will should guide the choices your caregivers and doctors make in the following circumstances:
- You're terminally ill
- You're seriously injured
- You're in a coma
- You're in the late stages of dementia
Your living will should describe the medical treatments you do and do not wish to be used to keep you alive. You can also include preferences for other medical decisions, such as pain management.
Why Is a Living Will Important?
When you prepare a living will, you can ensure that you receive the medical care you want. A living will also helps to:
- Relieve caregivers of the burden of making a difficult decision in a moment of grief or crisis.
- Reduce disagreement or confusion among family members and caregivers about the choices you would want to make.
Who Should Have a Living Will?
Although you may associate living wills with older adults, living will documents are useful regardless of your age. Unexpected situations, such as a car accident or illness, can happen at any stage of life.
Typically, any adult who is of sound mind and at least 18 years old can create a living will. Sound mind is generally defined as having the ability to understand what the document is and what it contains.
When Does a Living Will Go Into Effect?
A living will can only take effect if you are both alive and unable to communicate.
Your living will can take effect once medical professionals determine that you are in a severe medical condition, as defined by the laws in your state, and unable to communicate your wishes.
A doctor can generally determine:
- Whether you have lost your ability to make decisions or understand treatment options
- Whether you can communicate your wishes in any way
If you name someone who will be in charge of medical decisions that are not related to life support, your living will would go into effect when you can no longer make your own decisions.
How Is a Living Will Different From a Traditional Will?
A will, also known as a last will and testament, differs from a living will.
Your last will and testament lets people know what you want to happen after your death. Details included in this document include how you want others to handle your property and other assets and family responsibilities, such as naming legal guardians for your children.
Your living will, however, lets people know what you want to happen in certain cases while you are still alive but unable to express your wishes for medical care while in a terminal or unconscious state.
Is a Living Will the Same as an Advance Directive?
Generally speaking, a living will is one document, while advance directives can include several documents. A living will can be called different terms in different states. In some cases, the term living will is used with advance directive interchangeably. Make sure you know how your state refers to these documents legally when you need to draft your living will.
Other terms used include the following:
- Advance health care directive
- Directive to physicians
- Declaration regarding life-prolonging procedures
Complete advance directives may include several documents:
- The living will itself
- A do not resuscitate, or DNR, order
- Instructions for organ or tissue donations
- Specific instructions regarding a previously diagnosed illness
- Medical power of attorney
Is a Living Will the Same as a DNR?
Although a living will includes whether you want to be resuscitated in certain situations, it is not the same as a do not resuscitate order. A DNR is a separate document, and it has specific requirements to be valid. A DNR must be prepared in consultation with and signed by your doctor.
A DNR is a legally binding order from a physician stating that no steps will be taken to restore breathing or restart your heart if you experience respiratory or cardiac arrest. Some people choose to create a DNR because steps to restore breathing or restart a heart often involve CPR, which comes with increased risks for ill or older adult patients.
A DNI (do not intubate) is similar to a DNR, but this document covers matters related to intubation.
Image via Flickr by hang_in_there
Questions To Consider When Writing a Living Will
Some questions you will want to think about when writing a living will include the following:
- Do you want or not want certain interventions related to breathing and feeding?
- Do you want to receive or exclude certain pain management medications or procedures?
- Do you want a DNI or DNR order?
- Do you want treatment to extend your life in all situations, or would you refuse treatment in certain situations?
- Would you want to receive treatment only if a cure is possible?
- If you have a special medical condition, what related procedures should be carried out?
Medical Decisions To Address in a Living Will
A living will should address a variety of potential end-of-life care decisions.
Cardiopulmonary Resuscitation
Cardiopulmonary resuscitation, or CPR, is used to restart a heart that has stopped beating. Your living will should cover if and when you want to be resuscitated by CPR or an electric shock to stimulate your heart.
Mechanical Ventilation
If you're unable to breathe on your own, mechanical ventilation can take over your breathing. You should determine the following:
- Whether you would want to be placed on a mechanical ventilator
- When you would want to be placed on a mechanical ventilator
- How long you would want to be on a mechanical ventilator
Tube Feeding
If you cannot feed yourself, you can receive nutrients and fluids via a tube in your stomach or intravenously. Again, you should determine the following:
- Whether you want to be fed in this way
- When you would want to be fed in this way
- How long you would want to be fed in this way
Dialysis
This process manages fluid levels and removes waste from your blood if your kidneys no longer function. You should decide the following:
- Whether you want to receive dialysis treatment
- When you want to receive this treatment
- How long you would want to receive this treatment
Antibiotics and Antiviral Medications
Various medications exist to treat infections. If you are near the end of your life, do you want infections treated aggressively with medications, or would you prefer to allow an infection to run its course?
Palliative Care
Also known as comfort care, these interventions can keep you comfortable and manage your pain while still following your other wishes for treatment. Palliative care can include the following:
- Receiving pain medications
- Avoiding invasive treatments and tests
- Being allowed to die at home
Organ, Tissue, and Body Donations
You can specify wishes for organ and tissue donation in a living will. You will be temporarily kept on life-sustaining treatment until the procedure to remove organs for donation is complete. Stating that you understand the need for this temporary intervention in your living will can help medical professionals avoid confusion about your wishes.
You can also donate your body for scientific study and state this donation in your living will. You should contact a university, medical school, or donation program for information about how to register.
Preparing a living will involves thinking about difficult decisions. Instead of dealing with these matters on your own, contact an experienced lawyer who can help you make sure your wishes are clear.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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Michael B.
Michael has extensive experience advising companies from start-ups to established publicly-traded companies . He has represented businesses in a wide array of fields IT consulting, software solutions, web design/ development, financial services, SaaS, data storage, and others. Areas of expertise include contract drafting and negotiation, terms of use, business structuring and funding, company and employee policies, general transactional issues as well as licensing and regulatory compliance. His prior experience before entering private practice includes negotiating sales contracts for a Fortune 500 healthcare company, as well as regulatory compliance contracts for a publicly traded dental manufacturer. Mr. Brennan firmly believes that every business deserves a lawyer that is both responsive and dependable, and he strives to provide that type of service to every client.
"Michael was professional and quick to response. He made the process very simple and easy."
Kenneth G.
Kenneth E. Gray, Jr. is a business and tax attorney who advises entrepreneurs, investors, and closely held companies on transactions, tax planning, disputes, and long-term wealth structuring. He focuses on helping clients make legally sound decisions that also make business sense. Ken’s practice includes business formation and restructuring, mergers and acquisitions, private investments and fundraising transactions, contract drafting and negotiation, and cross-border matters. He also maintains a significant tax practice, advising on federal and state structuring, specialty filings (including partnership, corporate, and non-resident matters), and representing clients in disputes before the U.S. Tax Court and other federal and state tribunals. In addition to his transactional work, Ken handles commercial and business litigation, including tax controversies, financial disputes, and partnership matters. His litigation experience informs how he structures deals and governance documents, with an eye toward preventing disputes before they arise. Ken also advises individuals and families on estate planning, trust formation, tax-efficient wealth transfer strategies, and probate administration, including planning involving closely held businesses and foreign assets. Before practicing law, Ken worked in banking and private equity, including managing a $5 billion emerging markets fund-of-funds portfolio at the U.S. Overseas Private Investment Corporation (OPIC) and serving in equity research at ABN AMRO. That financial background allows him to understand transactions from both the legal and capital perspective. He holds a J.D. from Georgetown University Law Center and an MBA from Yale University. He practices before the U.S. Tax Court, various state courts, and other federal courts.
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Having overseen over $1.2 billion in transaction value, we are able to provide top-tier service at affordable rates, with much more personalized attention and fast turnarounds. After working for a AM Law Top 100 firm, I started my own firm and have been lucky enough to represent numerous conglomerates (FOX, Endeavor, etc.), promising startups, small businesses and private individuals. Our areas of expertise - Business Formations and Operating Agreements; Capital Raises and Debt Financing; Commercial Transactions; M&A; Real Estate; Intellectual Property; Employment and Hiring; Outside General Counsel; Corporate Agreements and Governance; Litigation and Dispute Resolution. We have been featured in The Wall Street Journal, Marketwatch, Yahoo Finance, Variety, Business Insider, Los Angeles Magazine, the LA Times, and others. We are driven by an unwavering commitment to our clients, going above and beyond to deliver results.
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My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.
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