A question that I receive more times than I can count from clients is “What is a Living Will and why do I need one?” Black’s Law Dictionary defines a Living Will as:
“a legal document effective while its testator lives. This covers death if imminent due to a medical condition or an accident. Medical care and degree of medical intervention and life sustaining support is typically expressed as the testator’s wishes.”
Let’s break this definition down to make it understandable. A Living Will is a legal document that a person creates that dictates the person’s exact medical treatment wishes to family members, friends, and doctors. A Living Will expressly states if the individual wants a feeding tube, life sustaining treatment, or to not provide any treatment and let the individual pass away.
I am always asked “Why do I need a Living Will?” It is human nature to avoid the topic of mortality and discussing such is morbid to say the least. Usually, people start to talk about mortality and someone attempts to change the topic immediately. This is your opportunity to avoid the discussion and direct your family and the doctors to what you want done to you in a critical situation.
For years, my father always mentioned to me what his wishes were if he were ever in a situation. My parents were divorced and I was a teenager, so I knew my father could pass away but I thought it would never happen. Years later, my father was in the exact position that he had prepared me for through his talks with me. In order to make sure I listened to him, he drafted a Living Will. I knew what he wanted and it was directed to the doctors so they did not have to ask me to make the tough decisions.
What does my story have to do with a Living Will and its importance? My father’s Living Will first saved me from making one of the toughest decisions of my life and regretting it. Second, it avoided family arguments. Yes, when people are at the end of their life families will fight and argue about decisions. Being the next of kin and his only son, his family would have fought with me. Lastly, it is the final aspect of life you have control over.
2020 has been a year where countless families have had to make decisions about loved ones while being home and not next to the ones they love. These decisions are taxing mentally, physically, and emotionally; more so when you cannot be with your loved one and have to make the decision. This applies to families of both young and old people. No one is ever prepared to make the final decision for another person.
Protect your family from making one of the toughest decisions of their lives. It will make it a little easier for them mentally, physically, and emotionally knowing you made the decision for yourself. It will avoid family fights and arguing as well.