A Living Will - should I bother? 

Many people consider a living will for peace of mind - planning for health care in the event of being close to death.

What is it?

A living will is a specific type of power of attorney. It is a legal instrument that usually is witnessed or notarized.  It can also be called a also called will to live, advance health directive, or advance health care directive.

The legal documents contain some or all of the following:-

• That the principal is appointing an individual to direct their health care decisions should the principal be unable to do so (i.e. a power of attorney)
• Particular instructions as to the course of treatment to be given and, on occasion, the withholding of treatment, even food and water

The importance of planning for your health care, when dying or close to death, was highlighted by the example of the case of Terri Schiavo in 2005.  The number of people having living wills is said to have nearly doubled between 2002 and 2005.

Should I make a living will myself?

Terri's case has highlighted that even young people can become terminally ill or have a serious accident.  Although your family and friends may be aware of your wishes, it is important to consult an attorney about your wishes in the event of serious ill-health.  They can then draw up the necessary legal forms to ensure your peace of mind.

What is the difference between a "will to live" and trusts?

A living trust is more like your last will and testament, except that unlike a will which cannot be changed after it is written, a trust can be amended at any time.

A living will defines your wish to be kept or not kept alive by artificial life support in the event of terminal illness or injury.

Does it matter which state or country I live in?

It's definitely best to check - what works in the State of California, may not be legal in New Jersey, Pennsylvania or Colorado!

What now?

If you want to see an example of the type of form used, you can find a printable sample living will form here.

In the event of your "will to live" forms being necessary, you will want to ensure that it stands up to legal scrutiny by an attorney.  If this is something which is important to you, then it is best to take advice from an attorney about it and not rely on free advice from other sources.

Resources:-

Other Countries:- You can further information on how "will to live" works in countries like the Netherlands and Switzerland at Wikipedia.

Power of Attorney:- find out more about the legal process to permit someone else to act on your behalf

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