An advanced directive, medical proxy, or living will are all terms that describe a document used to explain an individual’s wishes when it comes to medical treatment in situations where they may be unable to communicate. It is the type of document you hope you never need but are thankful to have in place if the unimaginable happens. Five specific examples of times when people can benefit from these legal tools include the following.
- Terminal illness. One time a living will is strongly encouraged is when someone is diagnosed with a terminal illness, as it allows them to specify the types of life-sustaining treatments they would or would not want.
- Major medical procedure. Another important occasion is before undergoing major surgery, where there is a risk of complications that could lead to incapacitation; a living will helps to ensure that healthcare preferences are respected.
- Advanced age. As an individual ages, particularly when entering retirement or experiencing declining health, having a living will can provide peace of mind by clearly communicating desires for end-of-life care, thus alleviating potential burdens on family members during difficult times.
- Risky activities. Perhaps you enjoy skydiving, rock climbing, surfing or other risky hobbies. Those who like to live life to the fullest are wise to have a living will in place in case their hobby leads to a serious injury that leaves them unable to communicate with their medical team.
- Upcoming travel. There is risk with travel and having a living will in place better ensures your medical wishes are met even if that dream trip takes an unexpected turn, like an accident on a sightseeing tour, that leaves you unconscious.
Without a living will, decisions about your care may fall to family members or medical professionals who may not fully understand your desires.
What happens if I do not have a living will?
Leaving decisions regarding your medical care in the hands of others is just one concern. A lack of proper planning can lead to family strife, unwanted procedures, and delay the ability to receive medical care. Without clear instructions, family members may disagree on the best course of action, leading to conflicts and emotional distress. It is also possible that you receive medical care that you do not want as healthcare providers may administer treatments that go against your personal beliefs or desires. In the absence of a living will, courts may become involved, prolonging decision-making, delaying care, and further increasing stress for loved ones.
How do I create a living will?
Each state has its own requirements. The following steps are generally required to create a valid living will in New Jersey:
- Draft your document: Clearly state your medical treatment preferences, including life-sustaining measures and organ donation.
- Sign in the presence of witnesses: You must sign your living will in front of two adult witnesses who are not related to you or financially responsible for your care or have the document notarized.
- Consult an attorney: While not mandatory, consulting a legal professional can ensure your document meets all legal requirements.
- Distribute copies: Provide copies to your healthcare proxy, family members, and primary care physician to ensure your wishes are known.
A living will is an important tool for safeguarding your medical preferences. Whether you are a young professional or entering retirement years, having this document can prevent family disputes, unwanted interventions, and legal complications. By taking the steps noted above, you help to better ensure the healthcare decisions made if you are incapacitated reflect your values and desires, providing peace of mind for you and your loved ones.