(440) 530-9166Avon Living Will Attorneys
Teaching Clients About Living Wills and Their Purpose
Most people have heard of a last will and testament or wills and trusts. A few people have likely even heard of a living will, especially if they find themselves in a hospital environment somewhat often. But hearing them talked about in casual conversation is entirely different than having a living will that can help your family make important decisions on your behalf.
Join Hallet Legal Group as we break down the details regarding living wills and how you can create one to protect your best interests and advise your family when you are unable to make the necessary medical decisions regarding your health.
What Are Living Wills?
Living wills are legal documents that outline your medical wishes in the event you are unable to make decisions for yourself due to incapacitation. This is a type of advance directive that can ensure you receive only the care you are comfortable with.
A living will is important because it can give you peace of mind knowing your healthcare decisions are written down and will be followed by medical professionals and your loved ones. It also gives your family peace of mind, knowing they have the tools necessary to make important decisions on your behalf.
What Must Your Ohio Living Will Contain?
There are certain elements that all living wills must contain in order to be considered valid in Ohio.
Personal Information—This is your full name, address, date of birth, and other details that can be used to identify you.
Medical Preferences—This is where you specify the treatments that you accept and reject.
Witnesses and Notary Signature—In Ohio you must have two witnesses or a notary public to validate your documents upon signing. Witnesses must be adults who are not related by blood, marriage, or adoption and do not benefit from your death.
Effective Date and Conditions—Your living will often take effect as soon as you sign it. You will be able to declare the conditions to be met for your living will to take effect, such as a terminal illness or incapacitation.
What Can Living Wills Cover?
Living wills manage medical decisions you would normally make for yourself. This can lift the burden from your family and ensure that you are cared for exactly how you are comfortable. Your living will covers medical care you are comfortable with receiving and care you would like to avoid.
Common medical treatments that are usually outlined in a living will include:
- Ventilators are machines that artificially help a person breathe.
- Feeding tubes help people get the necessary nutrients they need to live, which are delivered by a tube inserted into the stomach.
- Whether or not you would like your organs donated upon your death.
- Whether or not you would like to receive life-saving cardiopulmonary resuscitation (CPR).
- Whether or not you agree to receive dialysis.
- What surgical interventions you are comfortable with, if any.
If you have a unique illness that requires specific care while avoiding other commonly used forms of care, then you should include that information in your living will so that your healthcare proxy and your healthcare providers can make informed decisions when determining the best care for you.
What is a Healthcare Proxy?
Part of creating a living will often involve naming a healthcare proxy. This is someone you trust who can make sure your wishes are being respected. Furthermore, they are also able to make decisions that you did not address in your living will. Medical providers may turn to your healthcare proxy in order to make difficult decisions that will have a major impact on your life. For this reason, you should ensure that this person knows about your healthcare wishes and accepts the responsibility of enforcing your living will.
Is a Healthcare Proxy the Same As a Power of Attorney?
A power of attorney is not the same thing as a healthcare proxy. A power of attorney tends to have more reach in their decision-making powers. You can name a power of attorney to make financial decisions on your behalf, and you can name a medical power of attorney who can make important medical decisions for you. This can be the same person who can make both financial and medical decisions or two different people with their own responsibilities.
Should Your Living Will Include Funeral Arrangements?
It would be easy to understand why you would believe your living will should include your funeral arrangements. Both creating your living will and outlining your funeral arrangements are different aspects of estate planning. Outlining your funeral arrangements should be done in your last will and testament or as a separate document.
Do You Need an Estate Planning Attorney?
There are many do-it-yourself options you can use to create your healthcare proxy, and most of them will probably be sufficient. Until you need your document to cover a specific term or condition that is unique to you and your health.
Hallett Legal Group, LLC works with individuals to create a living will that suits their needs. Our clients appreciate our attention to detail and compassionate approach to completing their living wills. You deserve care catered to your particular needs, not a DIY website that casts a wide net.
Schedule your free consultation by calling 440-530-9166 to speak with the Hallett Legal Group, LLC Team today! Navigating the estate planning process is difficult, but you don’t need to do it alone. We can help you with your living will, set up trusts that support your family, help avoid probate, and provide you with support every step of the way!