An estate plan can include various legal documents that provide instructions for carrying out an individual’s wishes regarding their medical or personal care, their funeral/burial arrangements, and the disposition of their estate after their death. Some people may include a living will in their estate plan to express their wishes and preferences to loved ones. Knowing how a living will can benefit you and your estate can help you determine whether to include one in your estate plan.
Understanding What a Living Will Covers
A living will allows an individual to provide written instructions regarding their wishes, preferences, and sensibilities regarding medical and end-of-life care. For example, a person can use a living will to identify specific kinds of medical treatment they do not want due to their religious beliefs or moral objections. An individual may also provide guidance regarding their preferences for life-sustaining treatment (e.g., ventilators, feeding tubes, etc.) should they become incapacitated, including whether they want to receive such treatment and the circumstances under which family members should request its discontinuation.
Benefit #1: Ensures Your Loved Ones Honor Your Wishes
The primary benefit of a living will is that it allows you to direct your loved ones about your wishes for medical and end-of-life care. By creating a living will, you can ensure your loved ones follow your care preferences. Living wills can help avoid confusion and disputes among family members regarding what an incapacitated loved one “would have wanted.”
Benefit #2: Reduces Emotional Burdens on Your Family
Living wills can also alleviate emotional stress for your loved ones. By providing your family members with clear guidance regarding your preferences and sensibilities regarding medical treatment or end-of-life care, you can help your loved ones authorize the care you want. Your living will can prevent family conflict over decisions about medical or end-of-life care and help avoid family members feeling guilt or doubt about whether they “did the right thing” in authorizing or discontinuing specific medical treatment or care. Family members will not have to agonize over medical treatment decisions but instead can direct care based on the directives you’ve given in your living will.
Benefit #3: Supports Efficient Decision-Making
Documenting your preferences and sensibilities regarding medical or end-of-life treatment in a living will can help your family and healthcare providers make treatment decisions more efficiently because they know your wishes. A living will can prevent delays in treatment due to uncertainty about a patient’s wishes or to discussions among family members to reach a consensus.
Benefit #4: Complements Other Estate Planning Documents
Finally, a living will can work alongside other documents in your estate plan, such as your will, durable power of attorney, and healthcare proxy. For example, your living will can guide your healthcare proxy as they make decisions about your medical or end-of-life care should you become incapacitated. Creating a living will ensures you have a comprehensive legal plan for medical decision-making, even if you become unable to communicate your decisions or preferences regarding your care.
An estate planning lawyer can help you draft a living will and ensure that the document accurately reflects your wishes or intentions and will be recognized by healthcare providers and other parties as a valid statement of your preferences for medical or end-of-life care.
Contact an Estate Planning Attorney Today
A living will can serve a critical role in conveying your wishes and sensibilities to your loved ones. Contact Carroll Law Group, PLLC today for a confidential consultation with an estate planning attorney to learn more about living wills and their benefits to determine whether you should create one for your estate plan in Texas.