What are Living Wills in Pennsylvania?
All adults in Pennsylvania should have an estate plan and when creating yours, there are many different legal documents to include. Many people first think of wills and trusts when planning their estate, but there are other important tools to consider, as well. For many people, one of these is a living will, which is vastly different from a last will and testament. Below, our Lehighton estate planning lawyer explains what a living will is, and why you should consider including one in your plan.
What is a Living Will?
Living wills, also known as advance directives for medical decisions or advance directive for healthcare, are legal documents that outline your preferences regarding the types of healthcare you want to receive, or do not want to receive, in emergency life-threatening situations. State law in Pennsylvania stipulates that living wills become effective when a person is in a vegetative state with little chance of survival.
Clearly, in these situations, you will not be able to voice these preferences for yourself. With a living will, you can refuse or request certain medical procedures or treatment. You can also designate a person to make these decisions for you and explain your wishes to a healthcare professional in the event that you are unable to. When drafting a living will you are known as the ‘principal’ and the person you designate to make decisions on your behalf is known as the ‘agent’. After drafting the document, it is sent to healthcare providers as written proof of your choice. Your agent will then be able to make decisions for you.
Benefits of a Living Will
Just like with so many other types of estate planning tools, drafting a living will has many benefits. The biggest of these include:
- Provide written, legal instructions to your agent and your healthcare providers
- Provide closure and clarity to loved ones, preventing any disputes among close friends and family members
- Reduce the amount of stress and emotional strain when you are at the end of your life, or at the time of your death
- Take control of how you want to live, and your wishes for just before you pass away
- Give yourself a voice at a time when you will not have one
Although there are many benefits of drawing a living will, fewer than half of adults in the United States have created one. No one knows what the future holds and so, it is important to speak to an estate planning lawyer as soon as possible to ensure your wishes are respected.
Our Estate Planning Lawyer in Lehighton Can Draft Your Living Will
There are many different documents you should include in your estate plan, and a living will is just one of them. At The Law Office of Kim M. Gillen, P.C., our Lehighton estate planning lawyer can advise on the important tools to include in your plan and will ensure they are drafted properly so they are enforced when you need them the most. Call us today at 484-613-0011 or contact us online to schedule a consultation and to learn more about your legal options.
Sources:
news.gallup.com/poll/312209/prevalence-living-wills-slightly.aspx
patientsafety.pa.gov/ADVISORIES/Pages/200812_111.aspx