When you’re planning for your future, there is more to consider than assets and heirs. It’s also important to consider how your medical preferences will be honored when you cannot speak for yourself. The Davidson living will lawyers of Thomas & Webber are ready to help you protect your healthcare decisions and prepare for future possibilities.
A living will legally outlines your preference for medical treatment and life-sustaining measures in the event you become incapacitated or can no longer communicate your wishes. Living wills determine whether you want to be placed on a ventilator and whether you consent to artificial nutrition or hydration. You can specify your preference for life-saving measures, such as CPR, and whether you want comfort care or pain management only.
Unlike a last will and testament, a living will focuses on medical care while you are still alive. Living will laws vary by state. In North Carolina, specific statutes govern when a living will takes effect. Unfortunately, only about 34% of older adults have a living will in place.
Both a living will and a medical power of attorney deal with healthcare decisions. However, they serve different purposes. A complete estate plan should include both.
Here are the main differences:
Creating both documents covers your bases for various scenarios. Our skilled Davidson living wills lawyers can guide you through drafting both documents so that they work together effectively. Whether you seek healthcare at nearby hospitals such as Duke Health Lake Norman in Mooresville, Novant Health Huntersville Medical Center, or another facility near Davidson, having clear directions on treatment preferences is important for all Davidson residents.
Estate planning is more than just distributing assets. A living will is part of a comprehensive estate plan because it helps you plan for your future healthcare needs.
A living will:
Thomas & Webber take pride in delivering personalized legal services for individuals and families in Davidson and the North Mecklenburg County area. We have a deep understanding of North Carolina’s living will laws. Our team ensures your documents are drafted correctly and meet legal requirements.
Your situation is unique. We take the time to understand your specific needs, health concerns, and family dynamics. Your personal values and beliefs can also play a huge part in how you want your future healthcare to be handled. The living will can be tailored to reflect your specific wishes.
Beyond living wills, Thomas & Webber handles an array of estate planning services. We know that it is not easy to discuss end-of-life decisions, but our compassionate team guides you through the process with care and attention to detail.
The cost of creating a living will varies. If you hire a living will lawyer, law firms will have different rates and methods of charging for services. Complicated documents can lead to higher costs for living will creation. Also, crafting a living will could be part of an estate planning package.
The main drawback of creating a living will is the lack of flexibility. Medical situations can be unpredictable. It’s not possible to cover every possible scenario, which leaves healthcare providers uncertain about your intentions. Vague or outdated instructions can lead to confusion or disputes among family members and doctors. To reduce risks, it’s a good idea to pair a living will with a healthcare power of attorney.
To create a legally valid living will in Davidson, NC, you need to be at least 18 years old and mentally competent. The document must be in writing, signed by you, and notarized or witnessed by two qualified individuals. Witnesses cannot be your relatives, healthcare providers, or anyone with a financial interest in your estate. The living will should also clearly state your preferences for life-prolonging treatments.
An estate planning attorney or elder law attorney typically handles living wills. These legal professionals help clients prepare documents related to end-of-life decisions and healthcare directives. A knowledgeable estate planning attorney can ensure your living will is properly drafted, legally compliant, and reflective of your personal values.
No matter where you are in the estate planning process, Thomas & Webber can help ensure you have all your bases covered. Our Davidson living wills attorneys can help you draft a living will that gives you and your loved ones peace of mind.
Contact us today to schedule a consultation and let us help protect your future wishes. We have offices in Denver, Huntersville, and Mooresville to better serve you.