Answering Common Questions About Living Wills

You may already have heard the term “living will,” especially if you are considering your estate planning needs. Or, a hospital clerk might have asked you if you have an advance healthcare directive. These terms are used interchangeably to refer to the same legally binding document. If you do not yet have a living will , consider talking to a will attorney in The Woodlands.

Do I need a living will?

Every adult should have a living will. Unlike a last will and testament, a living will does not distribute property after a death. This document specifies your choices for your healthcare in the event that you are unable to speak for yourself.

When will a living will take effect?

A living will only takes effect during a person’s lifetime, not after his or her death. Whenever possible, healthcare providers will defer to the wishes of the individual patient, but if that person is unable to speak for himself, or herself, then a living will takes over. Some examples of situations in which the directives of a living will are followed include when the individual is placed on life support, has end-stage Alzheimer’s disease, or is otherwise incapacitated. This document specifies a healthcare power of attorney, sometimes called a healthcare proxy. This is a person who is responsible for ensuring that the living will is properly executed.

What are the components of a living will?

You can use your living will to specify the types of medical treatments that you do and do not wish to receive. When creating this document, consider the conditions that might make living no longer desirable. Would you want to remain on life support even if there is no hope of recovery? How important is independence and self-sufficiency to you? Would you want to receive all available medical treatments, regardless of cost? Such treatments may include cardiopulmonary resuscitation (CPR), mechanical ventilation (a breathing machine), feeding tubes, and dialysis (waste removal). Your living will can also specify your preferences with regard to organ donation and palliative care.