Planning a Living Will

In 1998 there was overwhelming press coverage the legal battle over the future of Terry Schiavo. The legal battle centered around whether Schiavo should be kept alive in a vegetative state. The reason the legal battle was able to occur and drag on as it did was because Schaivo never executed a living will (aka Advance Health Care Directive) dictating her wishes for medical care.  Despite the publicity of the case, a recent article points out that only 29% of Americans have executed a living will. Creating a living will allows you to be in control of the medical treatment you receive when you are unable to vocalize these wishes yourself. This clarification of your wishes may avoid family conflicts. According to Oncologist Dr. Lyckholm, when families make medical decisions for loved ones “they’re not talking about what that person wants, they’re talking about what they want.” If your loved one is getting ill and does not have a living will, it is important to sit down with them and have a conversation about their wishes. Encourage them to complete a living will if they are cognitively able. While an attorney is not necessary in order to document your loved one’s wishes, hiring an attorney to draft the living will is a good way to ensure that it will be valid and enforceable. If you would like expert assistance with preparing a living will for yourself or a loved one, or for any other estate planning questions, call us at 818.956.9200.