4 Reasons to Plan Your Living Will without Delay

It is human nature to avoid topics that make us uneasy. However, certain decisions you avoid at your own peril. One of these decisions is whether or not you would like to decline life support when it is clear that death is imminent.

Today’s life support systems can keep a person alive for years, even if the brain is no longer functioning. A living will is a document that lets you decide whether or not to be kept on artificial life support. In Ohio, a living will provides direction to your physician about end-of-life decisions you have made in case you are unable to express decisions for yourself. A living will simply states that you desire to die a natural death and that you do not want extraordinary medical treatment if, to a reasonable degree of medical certainty, there is no reasonable hope of recovery.

Four Reasons to Draw Up a Living Will Now

1. While you are competent and able to communicate, you can tell your doctor that you do not wish to have extraordinary means used to keep you alive. However, if you are not able to communicate this decision and do not have a living will, no one else can decide for you.
2. By executing a living will, you are protecting your family from a potentially stressful situation. It is difficult for families to make end-of-life decisions for a loved one. Having a living will in place lets your family know what you want and takes the burden off of your family.
3. Although the choice to stop life support should never be a financial one, the fact is that it costs a tremendous amount of money each day a patient is on life support. If you have made your wishes known, you can avoid piling up expensive hospital bills that your estate will have to pay.
4. Finally, remember that simply discussing your beliefs and thoughts about end-of-life medical care with friends and family does not mean your wishes will be carried out. Without a legal document, your wishes are not binding.

At any age, you never know when or if you will be in an accident or fall ill. Therefore, you leave you and your family at risk if you fail to prepare your living will now. You can do it in just minutes when you sit down with an attorney to prepare or update your estate plan, or at any other time. An experienced estate planning attorney can document a clear, binding statement of your wishes.

Healthcare Power of Attorney:  A legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself.

Living Will: The purpose of this Living Will Declaration is to document your wish that life-sustaining treatment, including artificially or technologically supplied nutrition and hydration, be withheld or withdrawn if you are unable to make informed medical decisions and are in a terminal condition or a permanently unconscious state.

Your General Power of Attorney: (sometimes referred to as Financial Power of Attorney) – these are people you have chosen to manage your financial affairs if you are unable to do so.

Your Trust: Sometimes called revocable trust or living trust. The trust holds and distributes your hard-earned assets during your lifetime and upon your death – as you have designated. A trustee, generally yourself, manages and distributes the trust assets according to the terms you designate in the trust.

For more information about estate planning, probate, or trust administration in Cincinnati (and throughout the rest of Southwest Ohio) and to review free resources regarding estate planning, probate, or trust administration, visit my website. If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526).

David H. Lefton is an Estate Planning and Probate Attorney. He is a partner in the law firm of Barron, Peck, Bennie & Schlemmer.