How Does a Living Will Protect Your Healthcare Preferences?
When unexpected medical situations arise, the ability to express our wishes can become limited or even impossible. That’s when having a plan in place matters most. Many people feel anxious thinking about the possibility of being unable to make decisions about their own healthcare.
These situations can be stressful for loved ones, who may be left guessing about what we would want. At Sanders & Sanders, Attorneys at Law, we help individuals and families in Upper Marlboro, Maryland, understand how to protect their healthcare preferences through a living will.
If you live in the Upper Marlboro area, including Clinton, Bowie, Fort Washington, Largo, and Washington D.C., and are ready to protect your healthcare decisions to take this critical step in your estate planning, reach out to us today.
What Is a Living Will?
A living will is a legal document that clearly states a person’s preferences regarding medical treatment if they become unable to communicate their wishes. It’s not the same as a last will and testament, which distributes property after death. Instead, this document focuses on decisions about ongoing medical care, particularly in situations involving serious illness or injury.
A living will typically comes into effect when someone is permanently unconscious, terminally ill, or otherwise unable to make decisions. In these cases, doctors and family members can refer to the document to determine which treatments should or shouldn't be used.
Why a Living Will Is Important
Having a living will can reduce the emotional and practical burdens that fall on family members when decisions must be made. Without one, loved ones may disagree on the right course of action, which can lead to conflict during already stressful times. Additionally, medical providers must make choices without knowing the patient’s personal values or preferences.
A living will helps in several key ways:
Reduces uncertainty: Loved ones don’t have to guess what the patient might want.
Protects personal values: The document reflects the individual’s beliefs and priorities.
Prevents disputes: Family disagreements are less likely when the patient’s wishes are clear.
Supports informed decision-making: Doctors can follow specific instructions instead of making assumptions.
When viewed as part of a broader estate planning strategy, a living will provides an important safeguard for both medical care and family harmony.
Common Medical Decisions Addressed in a Living Will
A living will can be as general or as specific as the person creating it prefers. While every individual’s wishes are different, some common topics are addressed in most documents.
Typical areas covered in a living will include:
Life support measures: Whether to use ventilators or other devices to help with breathing.
Resuscitation: Preferences about cardiopulmonary resuscitation (CPR) in the event of cardiac arrest.
Artificial nutrition and hydration: Whether to provide food and fluids through tubes if the patient can’t eat or drink.
Pain management: Choices about medication to relieve discomfort, even if it may shorten life.
Organ donation: Whether to donate organs or tissues after death.
Each of these areas allows individuals to make thoughtful decisions that align with their values and beliefs.
A well-prepared living will can prevent confusion about these topics and give family members confidence that they’re respecting their loved one’s preferences.
How a Living Will Works with Other Advance Directives
A living will is often part of a group of legal documents known as advance directives. Together, these documents outline how healthcare decisions should be made if a person is unable to communicate.
Other common advance directives include:
Healthcare power of attorney: Appoints a trusted person to make decisions when the patient can’t.
Do Not Resuscitate (DNR) orders: States that CPR shouldn't be performed.
Physician Orders for Life-Sustaining Treatment (POLST): Provides medical orders about specific treatments.
By combining a living will with these other directives, individuals can cover both general treatment preferences and specific instructions. This makes it easier for healthcare providers and loved ones to follow the person’s wishes.
When used together, these tools create a clear plan for handling medical decisions under different circumstances.
Steps to Creating a Living Will
Creating a living will doesn’t have to be overwhelming. With proper guidance, the process is straightforward and can be completed with confidence. The goal is to make decisions now that will protect healthcare choices later.
The main steps often include:
Thinking about values and priorities: Deciding what matters most in terms of quality of life and medical care.
Discussing preferences with loved ones: Sharing thoughts with family members to prepare them for possible future decisions.
Consulting an experienced estate lawyer: Getting professional help to draft a legally valid document that meets state requirements.
Reviewing medical options with a doctor: Understanding the implications of various treatments.
Signing the document: Completing all necessary legal formalities, such as witnesses or notarization.
Storing the document in an accessible place: Making sure healthcare providers and loved ones can find it when needed.
By following these steps, individuals can feel confident that their healthcare wishes are documented and accessible.
Potential Challenges Without a Living Will
Without a living will, healthcare decisions may be left to family members or medical staff who are unfamiliar with the patient’s preferences. This can lead to unnecessary stress and conflict, particularly in high-pressure situations.
Possible consequences include:
Conflicting opinions among relatives: Different family members may have different ideas about what should happen.
Decisions that go against the patient’s wishes: Without written guidance, treatment choices may not align with personal values.
Longer hospital stays: Disagreements can delay important decisions.
Emotional strain on loved ones: The pressure of making life-or-death choices can weigh heavily on family members.
By creating a living will in advance, these situations can often be avoided.
Keeping a Living Will Up to Date
Life circumstances and healthcare preferences can change over time. A living will should be reviewed periodically to make sure it still reflects the individual’s wishes.
Times to consider updating a living will include:
Major life changes: Marriage, divorce, or the birth of a child.
Significant health changes: New diagnoses or changes in overall health.
Shifts in personal values: A different perspective on quality of life or medical treatment.
Relocation: Moving to another state with different legal requirements.
Regularly revisiting the document helps keep it relevant and effective.
Communicating Preferences to Loved Ones
Even with a legally valid living will, communication is key. Talking openly with family members about healthcare wishes can make it easier for them to support those choices later.
Tips for these conversations include:
Choose a comfortable setting: A relaxed environment can make sensitive discussions easier.
Be clear about values: Explain why certain choices are important.
Encourage questions: Allow loved ones to express their concerns or ask for clarification.
Revisit the topic periodically: Update family members when preferences change.
These discussions can help loved ones feel more confident about following the patient’s wishes.
How a Lawyer Helps With Creating a Living Will
An attorney can provide valuable assistance in drafting a living will that meets state requirements and clearly expresses a person’s wishes. This helps prevent legal challenges and makes sure the document will be honored.
A lawyer can also:
Clarify the legal implications of certain choices.
Help coordinate the living will with other estate planning documents.
Guide clients through required formalities like witnesses or notarization.
Working with legal counsel can make the process smoother and more secure.
Contact an Experienced Lawyer
Having a living will in place is one of the most important steps a person can take to protect their healthcare preferences. At Sanders & Sanders, Attorneys at Law, we help clients in Upper Marlboro, Maryland, as well as Clinton, Bowie, Fort Washington, Largo, and Washington, D.C., create living wills tailored to their needs. We’re here to help. Reach out to us today to get started.