Comprehensive estate planning involves more than just deciding how your assets should be distributed after you pass away. It should also address your wishes for care if you become incapacitated and unable to express yourself. This is why it’s important to create a living will, also known as an advance directive. The following guide answers some of the most common questions about this type of document to help you understand how it ensures your preferences are honored. 

What to Know About Advance Directives

What do I include in a living will?

An advance directive outlines your wishes regarding life-prolonging treatments. This will let your loved ones and health care professionals know whether or not you want your life extended if you sustain a debilitating injury or illness. For example, you can include whether you want artificial nutrition and hydration, palliative care, and medication when you aren’t able to voice your preferences. 

When will health care providers refer to my living will?

Under North Carolina law, there are three situations in which an advance directive can be used. The first is if you’re diagnosed with an incurable and terminal illness that shortens your lifespan. Secondly, if you enter a vegetative state that doctors say you won’t ever recover from. Lastly, if you’re diagnosed with advanced dementia and irreversible cognitive loss.

How do I create one?

For a living will to be considered valid in court, it must meet certain requirements. In North Carolina, you need to be at least 18 years old and of sound mind to develop one. The document also has to be dated, notarized, and signed in the presence of two witnesses.

Can I make changes after I finish the document?

Yes. You can change or revoke a living will at any time, as long as you’re still of sound mind and not in the advanced stages of a cognitive health condition.

To do this, meet with your estate planning attorney and have them destroy all original copies. Then, they’ll help you fill out and properly execute a new form. The latest version should be given to your physicians and close family members.  

If you’re ready to begin the estate planning process, reach out to Ferguson, Hayes, Hawkins & DeMay, PLLC in downtown Concord, NC. They’ll help you determine which documents will achieve your unique goals and protect your loved ones. Backed by more than 40 years of combined experience, they know how to create well-crafted estate plans that serve their clients’ best interests. Visit them online to learn more about estate planning, or call (704) 788-3211 to schedule a consultation. You can also text LAWYER to (910) 830-0939 for special promo information.