Your living will: piece of mind on a piece of paper
Friday photos: baby birds!
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Important disclaimer: Any legal analysis in this publication does not in any way constitute legal advice, nor does reading it create or imply an attorney-client relationship. Portions of this publication may be considered an advertisement or advertising material under the Rules of Professional Conduct governing lawyers in the Commonwealth of Virginia and District of Columbia. If you live in Virginia or DC and need a lawyer to assist you in your estate plan, please contact me directly at pyabut@prylaw[dot]com for a free consultation.
Law practice website: Law Office of Philip R. Yabut
Photo website: Pics by Phil
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What is a living will?
An advance medical directive, popularly known as a "living will," is a special power of attorney that allows you to state what you want for your own medical care should you become unable to make that decision for yourself.
Why should I have a living will?
By law, if you don’t have a living will your next of kin would have the power to make medical care decisions for you. However, no matter how close you are to your family or how many conversations you may have with them about final wishes, they may not truly be in a position to know what you really want, especially during times when they may be emotionally distraught. A living will removes all uncertainty and frees your family from making painful choices without your guidance.
What can I include in a living will?
A living will typically has two main sections: a health care power of attorney and a designation of end-of-life decisions.
The health care power of attorney designates a person (or persons) as your agent to make treatment decisions in the event you are incapacitated, either temporarily or permanently. This person must be at least 18 years old but does not have to be related to you.
End-of-life decisions are effective if you ever become permanently incapacitated or if your attending physicians declare you brain-dead. You may make a variety of such decisions for your health care, including whether or not to continue life-sustaining or palliative procedures, medications, or feeding/hydration.
You may also include directives for funeral arrangements and intent for organ donation for scientific and/or medical purposes.
How do I make a living will effective?
To become binding, you must sign the living will in front of two witnesses, who in turn must also sign the document. While a copy of a living will is just as effective as the original, you should keep the original in a safe place with your other important documents.
Featured gallery: baby birds
May is drawing to a close and most of the spring flowers have come and gone, but the breeding season for many bird species continues. Here in DC, the most common baby birds to be found are mallard ducklings in and around the many reflecting pools and fountains around the city, but if you look hard enough, you may find nests large and small in trees or the sides of buildings. And, of course, nests are more plentiful in natural parkland and wildlife sanctuaries, though most of them are hidden from view to ensure survival. Nature finds a way!
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