At the Leiva Law Firm, we have experience with a wide variety of cases dealing with probate, wills, and estate planning for all of your needs. Today we want to talk about something known as a living will, which you may have questions about in case you become terminally ill or are put on life support. Have you thought about these aspects of your life and the importance they play every step of the way? Today we will answer your questions about living wills.
Living Will FAQ
What exactly is a living will? Living wills are documents that state your wishes when it comes to life-sustaining treatment. What happens if you are diagnosed with a terminal illness and have gone into a coma? What should your family do when you are expected to die in a relatively short amount of time or the doctors are sure that you are permanently unconscious? A living will can help others understand if you do not want to go through certain medical treatment if it is just prolonging the inevitable and you are expected to pass away anyway. It doesn’t just apply to those who are elderly, either. They can be helpful for the young, too, because you never know if somebody is going to suffer a car accident or a stroke.
Are there other names that a living will goes by? Living wills could be called other things, such as declarations regarding life-prolonging procedures, advance directives, or just a declaration.
Is a living will the same thing as a last will and testament? Now that you understand what a living will is, let’s take a look at a last will and testament to understand how they are different. Last will and testaments are just known as a will and are legal documents that provide instructions for what should happen in the event of your death, in regards to your assets. An executor of the estate is put into the position to carry out the will’s provisions through a process called probate. As you can see, this is very different from a living will.
When should you consider getting your living will? It is important to draft your living will as soon as you can. Many people make the decision to wait because they think that something could never happen to them, but this is far from the truth. All of a sudden, it could be too late and your family is left to make all the decisions.
What can a power of attorney do? A power of attorney can perform many of the functions laid out by the living will. It gives the attorney-in-fact, or a trusted individual, legal power to make a decision on your behalf that deals with your healthcare. This occurs when you cannot make decisions for yourself.
How can you draft your living will? You want to start with the help of an attorney when you have decisions to make about your healthcare and incapacity. If problems occur tomorrow, are you prepared? If not, you want to make a step into a better future and plan for everything. Call us at the Leiva Law Firm for a free consultation at 818-703-1777.