A Living Will: What is it and do you need one?
A Living Will: What is it and do you need one?
If you’re a Seinfeld fan, you probably remember the episode where Kramer, upon watching a movie about a person who falls into a coma, decides he doesn’t want to befall the same fate and he “just wants out.” So, he takes Elaine with him to an attorney where he outlines which terminal conditions he would not want to be kept alive through, and which conditions he would.
Kramer and Elaine reject scenario after scenario until finally accepting only being able to eat, with machines doing all the rest; because he can still go to the coffee shop.
Although that was a fictional scene, you can actually do something quite similar with your own attorney. Although it wasn’t clear whether Kramer was creating a living will or assigning Elaine as his medical power of attorney (two similar but different documents), today we’ll focus on the living will.
Also called an advanced directive, a living will allows you to outline your wishes for medical care (or lack of medical care), if you become incapacitated and unable to communicate your wishes. A living will, as the name suggests, is effective while you’re alive, but unable to make decisions for yourself.
Why a Living Will Is Important
Clarity for loved ones – It removes uncertainty for family members by clearly stating your preferences.
Reduces conflict – Imagine one of your family members insists on keeping you alive using a ventilator, while another family member insists you would never want that. A living will makes it certain, and thus, reduces any conflict about it.
Protects your autonomy – Ensures your voice is heard even when you cannot speak for yourself.
Guides healthcare providers – Gives doctors legal direction on how to proceed with treatment.
What a Living Will Covers
While the specifics vary by state, a living will generally addresses:
Life-sustaining treatments
Whether you want to be placed on a ventilator if you cannot breathe on your own.
Preferences regarding dialysis, antibiotics, or other prolonged medical interventions.
Artificial nutrition and hydration
Whether you want feeding tubes or IV fluids if you cannot eat or drink.
Resuscitation (CPR/DNR orders)
If your heart stops, do you want cardiopulmonary resuscitation (CPR) performed?
Pain management and comfort care
Whether you prefer palliative care (comfort-focused treatment) even if it might hasten death.
Organ and tissue donation
Many living wills allow you to specify your wishes regarding organ donation.
Main Takeaway:
A living will is about medical decisions, not financial matters. But similar to how a standard will provides clarity on what you want after you’ve passed, a living will provides clarity on what you want while you’re alive, but can no longer communicate.
It’s usually not enjoyable to think about death, and perhaps even less enjoyable to think about being on life support, but it’s good to know you can specify exactly what you want if that scenario were to ever occur.
Ryan Page, CFP®, MBA®
Office & Text:720-826-1092
Content in this material is for general information only and not intended to provide specific advice or recommendations for any individual.
This information is not intended to be a substitute for specific individualized legal advice. We suggest that you discuss your specific situation with a qualified legal advisor.
