What Is a Legal Will?
By the time someone is lying in a hospital bed on life support, it's too late to ask them if they want to be kept alive artificially. Many people take this issue seriously--enough so that a legal document exists just to express their choice on the matter. A legal will is a note to the doctors explaining ahead of time exactly how you want to be treated if you are in a coma or other lasting state of incapacitation.
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Function
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The most common use of a living will is to declare an individual's intent regarding life support should he wind up in a vegetative state with little or no hope of recovery. State laws were specifically enacted to allow for such an expression of intent. But living wills also address other treatments and procedures and whether the maker of the will wishes to receive them or not. Most people elect not to continue life support and specify they want only treatments designed for the cessation of pain and the creation of the most comfortable death-bed environment possible.
Types
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A living will is not the same as, or even similar to, a Last Will and Testament. It does not transfer property upon death. A living will gives specific instructions to medical professionals and establishes some parameters in case you are unable to make or communicate your own choices. Because of the confusion over the title of the document, some states have switched from using "living will" to "advance directive" or some such term.
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Features
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Each state has its own rules, requirements and limitations on living wills (see Resources). The requirements of the states should always be followed when drafting a legal document, and most states have forms that make it easy to create a living will. Generally, these make a declaration about life support and then allow you to list the treatments, procedures or drugs you want to receive or not receive in case you become incapacitated.
Effects
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Living wills usually address only the condition of terminal illness or persistent vegetative state, when recovery seems very unlikely or impossible. But there's a wide range of other situations in which a person might be rendered unable to make or communicate his own medical choices. So when you draft a legal will, you are usually also urged to nominate a health care proxy through a durable power of attorney. This person is then empowered to make decisions on your behalf in the event of an emergency and authorize or prevent specific medical procedures.
Considerations
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Some state laws explicitly state that a legal will created in any state is valid, but others do not. Therefore, if you spend a lot of time in another state, you should examine the differences between the state laws and consider executing a living will for each state. Another consideration is that most states will not enforce a living will with regard to a pregnant woman out of regard for potential steps that could save the life of the unborn child.
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Resources
- Photo Credit Thierry Geoffroy (CC-By-SA 3.0)
