Unfortunately, there is a common misconception that anyone who plans their estate only needs to create a Last Will and potentially a Trust Fund. However, it’s imperative to understand the other estate planning options that can help you obtain peace of mind and ensure that your wishes are honored in the future. As such, one option you may want to consider is a Living Will. If you’re unsure what this document is, how it differs from a standard Power of Attorney, or when it will take effect, the following blog explores what you should know. In addition, you’ll discover the importance of working with a Medina County, Ohio estate planning lawyer to assist you in understanding your legal options.
What Is a Living Will?
A Living Will is a legal document that allows you to document your wishes regarding your end-of-life care. This is an incredibly important document, as it allows you to retain bodily autonomy when you may be otherwise unable to communicate your wishes.
Generally, this document allows you to dictate the kind of care you would or would not like to receive. For example, you may decide to embrace or refuse things like ventilators, feeding tubes, dialysis, resuscitation, and invasive surgeries. You can also include instructions for comfort care, such as the types of pain relief you would like to receive in the event that life-sustaining treatment is withheld per your wishes. This document allows you to explain your wishes to your doctor when you are otherwise unable to do so.
At What Point Does a Living Will Take Effect?
It’s critical to understand at what point a Living Will becomes active. Generally, this will only occur when you are unable to communicate, have a terminal condition, or are in a permanently unconscious state. Your Living Will is used by your medical team to help ensure that your wishes are met.
Under Ohio law, it’s also important to understand that your condition must be confirmed by two doctors before your Living Will takes effect. They will not only confirm your condition, but also determine your ability to comprehend important decisions and communicate your wishes before deciding that this document should take effect.
How Does This Differ from a Power of Attorney?
While you may assume that a Living Will and Healthcare Power of Attorney are the same, it’s critical to understand that these are two different and important estate planning tools. Your Living Will is exclusive to your end-of-life care decisions, while your Healthcare Power of Attorney will make decisions on your behalf any time you are unable to do so, such as falling into a coma, under the influence of medication, or during surgery.
It’s important to understand that you can have, and are encouraged to have, both a Living Will and a Healthcare Power of Attorney, as both can help ensure your wishes are met.
Working with an experienced attorney to establish a Living Will is in your best interest, as this document will play an integral role in ensuring that your wishes are honored. Working with a lawyer helps ensure that you understand the decisions you’re making, as well as exploring all options, so your document reflects what you want. At Krause Law, we understand that creating these documents can be overwhelming and difficult, which is why we are ready to assist you. When you need help, our dedicated team is here to guide you through this process. When you need help, contact us today to learn more.
