A living will is a legal document that allows you to state your preferences for medical care if you cannot communicate or make decisions. As an advanced health care directive, it's essential for anyone who wants to control their medical treatments.
The will provides instructions for health care decisions, ensuring medical professionals and family members understand your wishes. The document is beneficial when you are unable to communicate.
Here are everyday situations where it comes into play:
- Terminally Illness: The will guides end-of-life care if you have a terminal illness. It ensures your comfort and dignity.
- Severe Injury: In cases where an injury leaves you incapacitated, the document directs health care decisions.
- Aging: The risk of serious illness increases with age. A living will ensures healthcare facilities honor your care directives.
Why Do You Need a Living Will?
Although the document is essential for people of all ages, less than half the population has one. For example, a Gallup poll indicated that 46% of U.S. adults have a living will.
Roughly 75% of adults aged 65 have a living will. However, that number drops considerably for adults under 30, with only 20% reporting having one.
Nevertheless, the document remains critical for people of all ages. Here are some reasons why:
- Peace of Mind: A living will ensure your medical care aligns with your values, even if you can't speak for yourself.
- Reduce Stress: It removes the burden from family members, who otherwise have to make life-and-death decisions during an emotional time.
- Avoid Conflicts: Clear instructions in the document help prevent disagreements between family members or health care providers.
- Quality of Life: You control the extent of life care and treatments you want. That preserves your dignity and personal standards.
How Does a Living Will Differ from a Regular Will?
A standard will and a living will have different purposes. However, both ensure they respect your wishes during and after your death.
A living will focuses on health care decisions while you're alive but incapacitated. It addresses issues like life care, organ donation, and comfort measures.
Conversely, a standard will deals with matters like property distribution, guardianship, and funeral arrangements after death.
Living Will vs. Advanced Directive
Many people confuse living wills with advanced directives. While these terms relate, they're not the same. An advanced directive includes more robust decision-making provisions. On the other hand, a living will is often simpler and focuses solely on your preferences for specific treatments.
- Living Will: This document outlines your wishes for medical care, including life-sustaining treatments like CPR, ventilation, or tube feeding. It focuses on what you want when you cannot make decisions.
- Advanced Directive: This broader term includes other legal documents, such as durable power of attorney for health care and mental health declarations. These documents appoint healthcare agents or proxies to make decisions for you if necessary.
Pennsylvania laws recognize living wills and advanced directives, making them essential tools for comprehensive estate planning.
Living Will vs. Durable Power of Attorney for Health Care
A durable power of attorney for health care appoints a health care agent to make decisions if you cannot. Your living will specifies your wishes. However, the healthcare agent ensures healthcare facilities meet those wishes. Together, these two documents provide a complete plan for advanced health care as part of your estate plan.
Do You Need a Lawyer to Create the Will?
You are not legally obligated to have an attorney create the will. You can access forms online from numerous resources.
However, consulting an estate attorney near you for health care planning ensures your document meets Pennsylvania's legal standards. A lawyer can:
- Ensure compliance with state laws.
- Customize your living will for unique preferences.
- Provide peace of mind that the document is valid and enforceable.
Our estate attorneys work with clients in Bucks, Delaware, and Montgomery County, PA. They can assist with the creation of living wills, wills, probate, guardianships, and more.
Do All States Recognize the Will?
Most states, including Pennsylvania, recognize living wills as valid legal documents. Thanks to the Uniform Healthcare Decisions Act (UHCDA), many states follow similar frameworks for creating them. However, requirements can vary.
For example, some states require specific forms or witness signatures, and others may have different rules for out-of-state living wills.
For enforcement in Pennsylvania, the will must comply with Title 20, Chapter 54. If you move to another state, consult an estate attorney to verify whether it remains valid or needs adjustments.
PA laws require:
- Witness Requirements: You need two witnesses to sign the document. They cannot be related to you, financially benefit from your estate, or be responsible for your medical bills.
- Optional Notarization: While not required, notarizing the document adds another layer of validity.
A living will typically holds up well in court if adequately executed according to state laws. Meeting PA requirements for witnesses and ensuring specific language increases the likelihood that courts will honor the document. However, disputes can still arise, especially if family members or healthcare providers challenge its validity.
How Long Does a Living Will Last?
A living will remains in effect until you revoke it or replace it with a new document. You can update or modify it anytime if you can legally do so.
It is a good idea to periodically review your living will. Significant life events like marriage, divorce, or health changes may require updates and changes in state laws or medical practices.
Keeping your living will up-to-date ensures it reflects your current wishes.
Are There Ways to Override the Document?
Certain individuals can override its instructions in specific situations:
- Health Care Proxy: If you appoint a health care proxy, they may have the authority to make decisions that override your living will. It depends on state laws and the language of your documents.
- Court Orders: If family members engage in a legal action or medical dispute, a court can intervene and override a living will.
- Medical Professionals: In rare cases, doctors may override a living will. An example is if they believe the instructions conflict with ethical or legal standards.
- Deeds or Property Agreements: Documents unrelated to health care, such as deeds, could conflict with a living will. If they assign indirect rights or responsibilities that affect decision-making, there is a potential for an override.
Communicate clearly with your healthcare proxy to avoid the potential for an override. Ensure your living will aligns with Pennsylvania law.
What to Include in a Living Will
A Pennsylvania-compliant living will should cover the following:
- Life-Sustaining Treatments: Specify whether you want treatments like CPR, mechanical ventilation, dialysis, or artificial nutrition (tube feeding).
- Comfort Care: Outline your preferences for pain management and other comfort measures.
- DNR Orders: Clearly state your desire for a Do Not Resuscitate (DNR) order. Remember, in Pennsylvania, a doctor must sign a separate DNR.
- Organ Donation: Indicate your desire to donate your organs or tissues and specify which ones, if applicable.
- Medical Interventions: List any specific treatments or procedures you wish to accept or refuse. These may include surgeries or blood transfusions.
- Health Care Proxy: If you cannot make decisions yourself, name a trusted individual to make them for you. This person is often your durable power of attorney for health care.
- Quality of Life: Include personal values or beliefs that should guide decisions about your care.
- Mental Health Treatment: If relevant, add instructions for treatments like therapy or medications.
Steps to Create a Living Will in Pennsylvania
Creating a living will might seem daunting, but it's straightforward when broken down into manageable steps. Following these guidelines ensures your document is legally valid and accurately reflects your wishes.
Again, an estate attorney can provide valuable insights when creating the document. They can ensure it meets PA requirements. Moreover, they can consult with you about other essential estate planning documents.
If you elect to create the document on your own, here's how to start:
- Research State Laws: Learn Pennsylvania's specific requirements for living wills to ensure compliance.
- Decide Your Preferences: Reflect on your values and the medical care you want, including life-sustaining treatments.
- Appoint a Health Care Proxy: If you cannot decide, choose someone you trust. Discuss your wishes with this person.
- Get the Proper Forms: Pennsylvania offers standardized forms online or through legal resources.
- Fill Out the Document: Provide your full name, date of birth, and detailed instructions about your care preferences.
- Sign with Witnesses: You should sign the document before two qualified witnesses. Notarizing it is optional but recommended.
- Distribute Copies: Share your living will with your health care proxy, family members, and health care facility. Keep a copy of your medical records.
- Review Regularly: Update your living will as needed, especially after significant changes or health developments.
Talk to an Estate Attorney Near You Today
Ready to create your living will? Our estate lawyers can help you craft a living will that protects your rights and honors your healthcare decisions. Schedule a consultation today to secure peace of mind for you and your loved ones.
Contact our experienced estate attorneys at one of these local offices:
Doylestown Law Office: 215.345.8888
Norristown Law Office: 610.275.0700
Wayne Law Office: 610.975.4468