Unlike a last testament, a living will does not have anything to do with your property or assets. It is a document that provides your doctors with medical instructions for times when you are still alive, but unable to communicate your desires. Lawyers design a living will for patients with terminal illnesses or anyone who has fallen into a coma. Learn more about them by reading the FAQ below.
5 Living Will FAQ
Who can create one?
Anyone of sound mind and over the age of 18 can make a living will. To be of sound mind, you have to understand what the living will is, what it does, and what is in it.
How do I make a living will?
You must put it in writing and have it witnessed by at least two adults. The witnesses must also be adults of sound mind and cannot be yourself or your healthcare provider. At least one of the witnesses should be someone who is not a familial relation. You and your witnesses then watch each other sign the document. It isn’t necessary to have the will notarized, but many people do choose this option.
When does it take effect?
Your living will takes effect when your doctor determines that you cannot make your own healthcare decisions. This situation typically occurs when the patient has extreme mental impairment. It can also take effect if you’re injured and can’t express your wishes.
How does my doctor determine decision-making ability?
The doctor may consider many factors. They assess whether you understand what is being said to you, if you can make a decision based on this information, and if you can express your desires through verbal or nonverbal communication.
Can I change or cancel my living will?
You can change or revoke it whenever you want as long as you are of sound mind and are not under duress. This caveat is in place so that someone can’t force you to make a rash decision. It lasts as long as you live unless you cancel it or change it.
Get professional legal help in creating your living will by contacting John E. Bach, Attorney at Law in Goshen, NY. He has more than 30 years of experience practicing multiple types of law, including estate planning, real estate law, and family law. He is a dedicated professional with an outstanding track record of getting his clients the results they deserve. Schedule your first consultation by calling (845) 294-7941 or learn more about the practice by visiting the website.