When establishing an estate plan, consider whether you would like to implement a living will. A living will is one route you can use to establish control over medical choices, even if you are in a position where you cannot advocate for yourself. A knowledgeable Huntersville living wills lawyer can help you establish a valid living will that helps ensure your medical choices are honored.
Thomas & Webber has spent years helping community members in the Charlotte metropolitan area ensure their medical wishes are honored, even if they cannot communicate them in the moment.
We understand the importance of creating a legally valid living will for our clients, and we can dedicate our resources to ensuring your needs are met. The Thomas & Webber team is competent in North Carolina estate planning services and stands ready to help you with your living will, as well as estate planning, trusts, wills, or a medical power of attorney.
A living will, or an Advance Directive for a Natural Death in North Carolina, is a document that states the creator’s preferences for certain medical treatments that are meant to prolong life. Through a living will, the creator is able to specify their preferences for healthcare procedures that apply to end-of-life care.
Your directives about life-prolonging measures in the living will only apply in specific circumstances. An attending physician must determine that the conditions have been met and that you lack the capacity to communicate or make healthcare decisions. These specific circumstances are:
Roughly 45% of Americans report having a living will, an increase from 40% in 2005. More Americans are coming to understand the importance of having a document in place that outlines their medical wishes. In addition to outlining your medical wishes, other benefits of a living will include:
Living wills are important documents that help ensure your medical wishes are followed if the time comes when you are unable to voice your preferences. It can also help your family during this difficult period, as they will not be forced to make the choice for you while guessing your preferences. When you decide to implement a living will, Thomas & Webber is the right choice because we are:
A living will is different than a medical power of attorney. A living will allows the creator to state their wishes for different medical treatments should they become incapacitated and unable to communicate their wishes in the moment. A medical power of attorney grants another person decision-making power over those medical decisions if the creator becomes incapacitated.
It is possible, and often recommended, to have both a last will and testament and a living will as part of your estate plan. A last will and testament allows you to state how you would like your property and other assets distributed to your beneficiaries, as well as other conditions like guardianship of your children. A living will allows you to specify your preferences for certain medical treatments should you be unable to express your wishes in the future.
In Huntersville, NC, if you have not created a valid living will, then your closest living relative will be responsible for making any decisions about life-saving measures. Medical professionals can provide guidance to your family, but ultimately, your spouse, parent, or adult child will be responsible for choosing which, if any, life-prolonging measures are used.
The main drawback to a living will is the limited scope. Within a living will, you can specify whether you do or do not authorize healthcare professionals to perform life-prolonging measures; however, you cannot specifically state which healthcare measures you authorize. The only exception that is specifically addressed in the document is artificial hydration and artificial nutrition.
Filling out the document to create a living will can be intimidating, and any mistakes could impact your wishes from being followed. Speaking with an experienced living will lawyer with Thomas & Webber can simplify the process. When you want to create a living will, schedule a consultation with our office to see how we can help.