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Wills and Estate Planning Physicians are not required to follow the directives of a Living Will. ... If the physician cannot comply with the patient's Living Will, and the patient is not willing modify the Living Will, the physician must transfer the patient to the care of another physician.
A living will provides you with the freedom to determine how medical decisions should be made in the event you become unable or unwilling to make them for yourself. ... Although state laws can vary, living wills generally do not expire while you are alive, absent special circumstances or your express intent.
A living will is different from the types of wills used to pass property and assets on to family members, friends, or even organizations after a death. ... Left to their own devices, your family members could even quarrel over your care, so stating your wishes can help everyone cope during a difficult time.
With what is known as a durable power of attorney for health care, you can designate an agent that will make decisions that weren't covered by your living will. It is important to note that your health care agent can't overrule any of the provisions of your living will.
You do not need a lawyer to make a living will, although you can get one from a lawyer if you prefer to. Every state has its own requirements for making a living will, so if you make one on your own, make sure you find a form that meets your state's requirements.
(You can download state-specific forms at www.caringinfo.org.) Important as these documents are for older people, young adults should also put their wishes in writing. Only 7 percent of those ages 18 to 29 have an advance directive. But at age 18, a person is an adult for purposes of medical decision-making.
If you die without a will, it means you have died "intestate." When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets you own at the time of death.
If a patient cannot make decisions and has created no advance directive, health care providers traditionally have turned to family members for treatment decisions. A close family member is allowed to exercise substituted judgment on behalf of the patient.
If you lose your mental capacity at the time a decision needs to be made, and you haven't granted powers of attorney to anyone (or you did appoint attorneys, but they can no longer act for you), then the court can appoint someone to be your deputy.
Each state has a living will form or specifics about what a living will should include. When making a living will, be sure to understand your state's requirements so that your living will is enforceable. To create a living will, you should complete the form with all of your wishes.
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