Your Health-Do I Really Need A Living Will?

Death and losing the ability to make choices for yourself are topics no one wants to think about. Problem is death is inevitable. What are your wishes if you become incapacitated? Who will carry out those wishes?

Allow me to explain exactly what a Living will/HealthCare power of attorney is-then you’ll learn exactly why it is so important to have. 

A living will is a legal document-usually drafted by a lawyer (you can create one yourself kits are available) that lets you specify the healthcare you would like to receive in the event you become terminally ill or permanently unconscious and you can not make your wishes known. Telling someone your desires in a casual conversation is not enough. 

In your living will, it specifically states your decisions about being on life support, directions regarding the use of life sustaining treatment and your wishes on being resuscitated. 

Some people want every option available to sustain life-others choose to die naturally. 

A health care power of attorney basically goes hand and hand with a living will declaration. A healthcare power of attorney-or HCPA is an adult person with whom you choose to act as your agent to make healthcare decisions if you become unable to. This person can be anyone. The HCPA need not be related. 

It is important that you speak with the person you plan to make your HCPA before you attempt to designate them. 

Another important issue with a HCPA is to make sure they truly understand your wishes. It’s also wise to feel confident that they will in fact carry out your wishes. 

When your physician deems you unable to make healthcare choices, your HCPA steps in as your voice. While your living will may state that you do not wish to be resuscitated, your HCPA can choose which ever option they want. 

As a nurse in the healthcare field for many years, I can not stress enough how important the last issue is. Not always-but many times parents choose one of their children as their HCPA. Mother or father wish to pass on quietly and comfortably. The child often times has other plans. Letting go of a parent is very difficult. Children sometimes feel scared and guilty if they allow no interventions. These feelings sometimes lead to drastic healthcare choices. Again, it is very important to choose someone who will be able to follow your final plans. 

Drafting a living will and healthcare power of attorney is not meant just for aging empty nest parents. Every adult should make it a point to draft a living will. (Need a witness and notarized) 

Do living wills ever expire? 

Yes and no. Many living wills state right on them that they have no expiration date. If you would like one, you can specifically state such when you draft your will. 

Major changes in your life situation can nullify a will or require amendments. 

If your spouse dies and they are listed on your will-it needs amended.

If the person you designate as HCPA dies-it needs amended.

If you divorce-your will needs redrafted.

If when you have another child or your wishes change-you need to amend your will. 

Living wills are not the only type of Will you need to consider.  A "Last Will" dicates your wishes for custody plans of your minor children and your assets.

What are your plans for your minor children and your assets?

Your wishes for custody of your minor children should also be discussed with the person(s) with whom you plan to designate before they are added. Just like the other aspects of your will, if the designated party becomes deceased or you change your plans-your will needs amended. 

Deciding how and where your assets go once you are deceased takes some thought. It’s also a good idea to think of someone to designate as an “executor” to your will. This persons role will be to execute your will-hence the term “executor.” It is important to keep in mind that the person you designate as executor will have almost full power to decide who and where your assets go. 

Keep in mind that the executor of your will, will almost definitely mean that person will be responsible for any outstanding obligations you might leave behind. 

A good example of a need for a current will is the highly talked about passing of Anna Nicole Smith. Anna’s only surviving offspring was left out of her mothers will. 

No written documentation of her wishes for: a final resting place, custody of her six month old daughter or her desires for distribution of assets. Anna’s partner, Howard K. Stern-a lawyer-did not apparently advice Anna of the need to keep her will up to date. The consequence of such is now a show for the entire world to see. 

Now that you understand exactly what and how important a Living Will, Final Will and HCPA is, I trust that you will place making these decisions number one on your list of priorities. We never know when our time will be up. 

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Rebecca Pillar- Gather Health Correspondent

Rebecca is a stay at home mom by day, third shift nurse while you're sleeping.

Your Health is published every Wednesday to Gather Essentials:Health.

You can find all of Rebecca's Your Health articles at www.gather.com/YourHealth.

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