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Before we explain the importance of having a living will, we must first establish that we are not talking about a will. An estate planning attorney can help you create either document, but they perform two different functions. Your last will and testament is commonly referred to as “a will.” It is a legal document that declares how your assets will be distributed when you pass away.
A living will allows you to state your end-of-life wishes if you cannot communicate them to your loved ones or a doctor. Because anyone can suffer a severe injury, living wills are a tool even young people can utilize.
The Importance of Living Wills & Health Care Proxies
When people create an estate plan, they essentially do it to benefit their loved ones. Suppose you have established an estate plan that has been updated throughout your life (especially after significant changes such as divorce). In that case, your family understands what needs to happen with your estate when you are gone. You can even provide them access to your bank accounts so that they have the financial means to accomplish this.
A living will is no different. It takes a potential burden off your loved ones and puts it on your shoulders. Consider the following scenario: Someone has been in a terrible accident and is on life support. They did create a living will or a healthcare proxy. (A healthcare proxy is someone you have entrusted to make healthcare decisions on your behalf.) If there is no healthcare proxy and no living will, someone will have to decide whether to continue with any life-sustaining measures.
This is a tough decision to put on someone else. Had they created a living will and given it to their healthcare proxy, there would have been no need to decide because it had already been made. It enables someone to speak for you. Otherwise, they are forced to use their judgment to guess what the incapacitated person would have wanted. And they will have to live with their answer for the rest of their lives.
Drucker & Mattia
At Drucker & Mattia, we have significant experience assisting clients with creating trusts, drafting wills, and other estate planning tools. When you meet with our attorneys, we take the time to learn about what you hope to accomplish through your estate plan—and then we select the documents that meet your needs. Contact us today to schedule your complimentary consultation, so we can create the plan that is right for you.
Drucker & Mattia PLLC
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