Living Trusts and Living Wills are Good Options for Estate Plan

83vfddAHdPU1uhSS6A0zY0ASSThere are important legal documents, such as a Medical Advance Directive, that involve health care and should be considered for your estate plan, according to The Villager in “About the Law.”

The Medical Advance Directive often refers to a Living Will, but the category also includes medical durable powers of attorney, cardiopulmonary resuscitation (CPR) directives, Do Not Resuscitate (DNR) orders, Medical Orders for Scope of Treatment (MOST), and other directives regarding your medical care. These directives can help you if you have a medical crisis, a terminal medical condition, or just before or after your passing.

In some states, a Living Will is known as an Advanced Directive for Medical/Surgical Treatment. This document tells medical professionals how you want to be treated, if you are suffering from a terminal condition that is neither curable nor reversible, or if you are in a coma—also known as a “persistent vegetative state”—and cannot speak for yourself. It’s referred to more commonly as a Living Will and is signed with the same type of formality as a Last Will and Testament. Like your will, it must be signed in front of two witnesses and it must be notarized.

The Living Will is used for two situations. One is a terminal condition, where the use of life-saving procedures will only postpone death but not promote any healing that would lead to a recovery. The second is in a persistent vegetative state, which must be determined by medical professionals. There are three choices for the family: one is to forgo life-sustaining treatment and let the person die. The second is to accept life-sustaining treatment, but only for a limited period of time. Often this is to allow family members to gather to say their farewells. The third is to continue life-sustaining treatment.

A person may express their wishes for their care and give permission to certain persons to talk with their doctor. A person must give their consent to certain people receiving medical information from their doctor due to the HIPAA act. Otherwise, the doctor would legally not be permitted to discuss the patient’s care with unauthorized people.

As long as you are able to make your own medical decisions, you can determine what treatments to receive or which treatments you do not wish to receive. The goal of the Living Will is to allow you to express your wishes if you have lost the ability to communicate.

Other estate planning documents that you’ll need are a will to distribute your property, a financial or general power of attorney so that someone you name can make decisions and take actions on your financial affairs, and, depending upon your situation, a trust.

Because the laws governing living wills and estate planning are set by your state, it is a good idea to speak with an estate planning attorney in your community.  

Reference: The Village (July 3, 2019) “About the Law”

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