Estate Planning Term of the Week - Living Will

This week's estate planning term - Living Will.

A Living Will is a legal document designed to give your loved ones and doctors written instructions as to what type of medical treatment you want to receive, or do not want to receive, if you are seriously injured and not expected to recover or if you suffer from a terminal illness. Usually a Living Will offers three choices:

1. Do nothing for you except keep you comfortable with medication to alleviate pain.
2. Do nothing for you except feed and hydrate you artificially if you cannot feed yourself and keep you comfortable with medication to alleviate pain.
3. Perform every heroic measure possible to save your life.

In my experience 99% of my clients choose option #1, 0.8% choose option #2, and only 0.2% choose option #3. And this breakdown does not vary by age - the vast majority of clients both young and old choose option #1. And yet without a Living Will in place doctors are forced to go with option #3, which leads right into the most famous case that illustrates the need for creating a Living Will - that of Terri Schiavo, a 26-year old Florida woman who slipped into a persistent vegetative state in 1990 after collapsing in her home. Her husband and parents then fought for the next 15 years over whether or not Terri should be taken off of life support. Finally in March 2005 a Florida court ruled that support should be removed and Terri died a few days later. And since Terri Schiavo was only 26 when she became ill, her story also demonstrates the need for everyone, both young and old, to make a Living Will.

• What is a Living Will?
• What's the Difference Between a Living Will and a Living Trust?
• What is an Advance Medical Directive?
• Is Your Advance Medical Directive Valid?
• How to Choose an Agent for Your Advance Medical Directive
• How to Make a Plan for Medical Emergencies