5 Facts About Living Wills

At Gertz & Rosen, Ltd., our experience spans over 45 years, covering a broad spectrum of legal areas, including the pivotal realm of estate planning. Among the myriad facets of estate planning, living wills stand out as a crucial element that demands attention. Often overshadowed by other aspects of financial and healthcare planning, living wills are indispensable in communicating your medical care preferences when you’re unable to voice them yourself. Here, we outline five vital facts about living wills, underscoring their significance in ensuring your wishes are respected and upheld.

1. State-Specific Regulations Govern Living Wills

A prevalent misunderstanding surrounding living wills is the assumption of uniformity in their requirements across all states. In reality, each state has its unique set of rules and regulations. The validity of your living will hinges on it conforming to the laws of your state of residence or the state where you spend a significant amount of time. It’s imperative to research and adhere to these state-specific guidelines or look into reciprocity laws that might allow for the acceptance of living wills across state lines. This ensures your living will stands unchallenged when it’s most needed.

2. Living Wills Are Not Just for the Elderly

It’s a common misconception that living wills are only for older individuals. However, life is unpredictable. Young adults can face sudden illnesses or accidents, making a living will equally essential for them. Establishing a living will at a younger age not only ensures that your healthcare preferences are known but also alleviates the emotional and decision-making burden on your family during challenging times.

3. The Importance of Proper Preparation

A living will is a legally binding document that requires careful preparation. It cannot be hastily written or verbally communicated. The document must clearly outline your preferences in scenarios such as terminal illness, permanent unconsciousness, or any situation rendering you unable to communicate. The process involves legal formalities, including verification of incapacity by medical professionals. Engaging in upfront discussions with your healthcare provider ensures your living will accurately reflects your wishes and complies with state laws.

4. Flexibility to Modify or Revoke

Circumstances change, and so might your preferences regarding end-of-life care. It’s important to know that living wills can be updated or revoked if your wishes change. This flexibility allows your living will to evolve with you, ensuring it always reflects your current healthcare preferences. Remember, any modifications must be done formally to supersede the previous document legally.

5. Distinction from Advance Directives

While both living wills and advance directives aim to outline healthcare preferences, they serve different purposes. A living will specifically addresses your desires concerning medical treatment under certain health conditions. In contrast, advance directives can include broader healthcare instructions and appoint a healthcare proxy. It’s advisable to have both documents to cover all bases in healthcare decision-making.

Contact Us To Learn More

Living wills play a pivotal role in healthcare and estate planning, transcending age and unforeseen life events. At Gertz & Rosen, Ltd., we emphasize the importance of being proactive in establishing a living will to ensure your healthcare wishes are honored. Secure your legacy and peace of mind by incorporating a living will into your comprehensive estate plan. Our team is here to guide you through each step, ensuring your wishes are clearly articulated and legally protected.