Living will is a legal document instructing what actions should be taken for their health in the event that they are no longer able to make decisions due to illness or incapacity.
Living Will and Living Trust
When preparing your living will, it is important to distinguish between living will and living trust. A Living Will is a written paper where you put your wishes about how you want your health care to be handled if you should become incapacitated and unable to make health care decisions for yourself. A living trust is a way to manage and control property during your lifetime and to distribute it at your death. A revocable or living trust is a written document recording the management of your property which becomes effective while you are living, unlike a will which takes effect after your death. A trust is set up for a trustee to manage your property for your benefit during your lifetime or in the event of your incapacity. Ordinarily you serve as the sole trustee until you die or become incapacitated. you name a Successor Trustee who will handle the Trust after you die. After your death the Successor Trustee will distribute the Trust property to your beneficiaries under the directions in the Trust without going through probate. The primary advantage of a revocable trust over a will is that upon your death, the administration of your estate in probate court is avoided and the distribution of your property is governed by your trust outside of the probate court system.
A living will is part of a document called an Advance Directive for Health Care. It is one form of advance directive, leaving instructions for treatment. Your directions go into effect if your attending physician and another physician determine that you are no longer able to make decisions regarding your medical treatment.
A living will usually provides specific directives about the course of treatment that is to be followed by health specialist. In some cases a living will may forbid the use of various kinds of burdensome medical treatment. It may also be used to express wishes about the use or foregoing of food and water, if supplied via tubes or other medical devices. The living will is used only if the individual has become unable to give informed consent or refusal due to incapacity. A living will can be very specific or very general.
A living will not be effective unless you are incapacitated, It usually should be accompanied by evidence or certification issued by your doctor and another doctor that you are either suffering from a terminal illness or permanently unconscious. To prepare a living will, you need to check the requirements as it various among different states. you may want to have a lawyer prepare your living will. Many lawyers who practice in the area of estate planning include a living will and a health care power of attorney in their package of estate planning documents.
Living Will Template
Living will format: There are many free living will sample for you on the net, you can make a reference and modify to suit your own needs. Whatever the style you choose for your template, you need to include key elements in your template: the name and details of declaration, the list and conditions for your living will, witness name and signature etc