Critical Documents to Update After Creating a Living Will
A living will is an important document that outlines your wishes for medical care and treatment if you cannot communicate them due to a serious illness or incapacitation. After you sign a living will, review and update related documents to ensure your wishes align with the rest of your estate plan.
Some of the common types of documents you will need to update include a healthcare power of attorney, HIPAA authorization, durable financial power of attorney, Maryland MOLST form (if applicable), last will and testament, revocable living trust, or beneficiary designations. If these documents are outdated or conflict with one another, your family members and doctors may not be able to interpret your wishes accurately.
At Sanders & Sanders, Attorneys at Law, our attorneys can help you draft an effective living will and update the necessary documents to align it with your overall estate plan. If you created and signed any estate documents before a marriage, divorce, move, or change of heart, they may no longer reflect your wishes. Contact us to schedule a consultation and discuss the documents you should revisit after signing a living will.
Your Healthcare Power of Attorney
In Maryland, you can often establish a living will and appoint a healthcare agent in a single advance directive. However, in some cases, such as with older individuals, you may have separate documents. If you have separate documents, you should revise your healthcare power of attorney as soon as possible after signing a living will, and you should confirm that your healthcare agent understands and is willing to honor the instructions outlined in both documents.
HIPAA Authorization
Federal privacy law limits what information healthcare providers can share. A HIPAA authorization allows the people you designate to speak with your doctors and review your medical records. Without it, your agent or loved ones may struggle to obtain the information they need to confirm that the wishes you described in your living will were honored. Make sure your HIPAA authorization names the same people who appear in your healthcare documents, including any backup agents.
Durable Financial Power of Attorney
Medical and financial decisions often go hand in hand. If you become incapacitated, someone will need to pay your medical bills, manage insurance claims, handle your bank accounts, and keep your household running. A durable financial power of attorney gives a trusted person that authority.
Maryland's statutory power of attorney forms can make acceptance by banks and other institutions smoother. If your existing power of attorney is outdated, names someone who is no longer able or willing to serve, or lacks important powers, you should update it as soon as possible and confirm that it matches or complements the instructions you outlined in your living will.
Maryland MOLST Form
The Maryland Medical Orders for Life-Sustaining Treatment (MOLST) form is different from a living will. A living will expresses your wishes for medical care; a MOLST form is a medical order signed by a physician, nurse practitioner, or physician assistant that travels with you across care settings.
If you are seriously ill or living in a care facility, you may already have a MOLST form. After creating a living will, talk with your medical provider to make sure your MOLST orders match the preferences you just put in writing.
Your Last Will and Testament and Any Revocable Trusts
A living will and a last will and testament serve different purposes, but both reflect your values and relationships. Life changes that prompted you to create a living will, such as a new medical diagnosis, retirement, marriage, or the birth of a grandchild, may also affect who should inherit your property or serve as your personal representative. If you have a revocable living trust, review your successor trustee designations and confirm that your assets have been properly funded into the trust.
Beneficiary Designations
Retirement accounts, life insurance policies, annuities, and payable-on-death bank accounts pass directly to the beneficiaries named on file with the institution, regardless of what your will says. Sometimes, accounts still name a former spouse, a deceased parent, or a minor child who cannot legally receive the funds directly. Request your current beneficiary forms from each institution and confirm that they align with your overall plan.
Store Your Documents Properly & Review Your Plan Regularly
Well-drafted documents can fail if no one is able to locate them. Give copies of your advance directive to your healthcare agent, your backup agent, and your primary care physician. In some cases, you may ask for it to be added to your hospital records. Keep originals in a safe but accessible place and avoid storing your only copy of health care documents in a safe deposit box that may be difficult to open in an emergency.
Additionally, you should review your estate plan every three to five years and after any major life event, such as marriage, divorce, the death of a loved one, a serious diagnosis, a move to another state, or significant changes in your finances. If you split time between Maryland and Washington, D.C., confirm that your documents will be honored in both locations.
Contact Our Experienced Maryland Estate Planning Attorneys at Sanders & Sanders
At Sanders & Sanders, Attorneys at Law, we help individuals and families build comprehensive estate plans, including living wills, advance directives, powers of attorney, wills, and trusts. Our experienced attorneys, L. Norman Sanders and Lisa Smith Sanders, are dedicated to providing personal attention and practical guidance to every client, helping you anticipate and answer the questions your loved ones may face.
Based in Upper Marlboro, we proudly serve clients throughout Clinton, Bowie, Fort Washington, Largo, Maryland, and Washington, D.C. If you have recently created a living will or need to update your existing documents, contact us today to schedule a consultation.