Q: What is a living will?
A living will is a legal document that outlines your preferences for medical treatment if you become incapacitated and can't communicate your wishes. It can specify your desires regarding life-sustaining treatments, resuscitation, and other medical interventions.
Q: Should I have a health care power of attorney and a living will?
States have different laws governing end-of-life and medical decisions. In most states, you can have a living will that gives specific directions to doctors about your end-of-life wishes, but you also can have a document (a health care power of attorney) that appoints an agent to make decisions for you if you're incapacitated and unable to make your own decisions. Many states combine these two documents into one document called a “health care directive” or “advance directive.”
Q: Can an attorney help me pick a health care agent?
Yes, an attorney can help you choose an agent to make medical decisions for you. Ultimately, the decision is your choice, but an attorney can give you advice about the qualities you should look for in an agent.
Q: Why should I have a will?
Having a will is essential for several reasons:
- A will allows you to specify how your assets should be distributed after your death.
- It can help prevent disputes among family members regarding your wishes.
- A will enables you to name an executor who will manage the probate process and ensure your wishes are followed.
Q: What happens if I die without a will?
If you die without a will (intestate), your estate will be distributed according to state laws, which might not align with your wishes. This can lead to complications and disputes among family members.