A living will, also known as an advanced directive, allows you to remain in control of your medical decisions when you can no longer make them. These documents become active when you are incapacitated for any reason.
Now is a good time to consider the future and discuss creating living wills in Tustin with a lawyer. A dedicated wills attorney could review your situation and help you draft a plan that will meet your future needs.
The Benefits of Advanced Directives
There are many reasons for a Tustin resident to seek out a living will. Some of the most common examples include the following:
Maintains Control
By executing these documents, a person can maintain control over their medical treatment when they do not have the capacity to make those decisions. This ensures they will never receive treatment they do not want while authorizing care in other situations.
Provides Peace of Mind
A living will can provide peace of mind for the person who creates it. Wondering what will happen in the future is never easy, especially when it comes to the prospect of medical emergencies. Having a plan in place reduces this stress and worry.
Prevents Disputes
For many people, a loved one’s incapacitation is the most stressful time in their lives. This is especially true when two or more family members disagree on the appropriate course of action. Fights over how an individual is cared for – or when that care should end – can tear a family apart. Creating a living will can prevent this type of conflict.
Creating a Living Will
State law sets out the guidelines for crafting a document that will be held as enforceable in court. First, the creator, known as the declarant, has to be at least 18 years old. In addition to being of legal age, they must also be of sound mind.
Sound mind is a legal term that means they understand and appreciate the potential consequences of their decision. This understanding is important given that an advanced directive allows a person to withdraw their consent for life-saving treatment or nutrition.
Certain technical requirements must also be met. The declarant must sign the living will before a notary public or in the presence of two witnesses. Witnesses must be adults, with no more than one of them having a relationship with the creator through either blood or marriage.
The Importance of Updates
Like the rest of the estate planning process, creating a living will in Tustin is rarely a matter of making a decision and then forgetting about it forever. It is important to review every aspect of the plan, including an advanced directive.
Major life changes can alter a person’s preferences. This is especially common when someone learns they are living with a debilitating disease. By reviewing the language of the living will each year, the declarant can make certain it continues to reflect their wishes.
Talk to an Attorney in Tustin About a Living Will Today
It can be difficult to make plans for medical emergencies or the end of your life, but doing so comes with major advantages. When you are considering living wills in Tustin, now is the time to speak with an attorney. The right legal counsel can assist with every aspect of your estate plan. Call today for a confidential consultation.