Why Do I Need a Living Will?

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Like other topics surrounding end-of-life choices, thinking about a living will is uncomfortable. Therefore, people tend to put it off. It’s easy to tell yourself that a living will is something you can think about later. After all, you don’t intend to need one for many years yet.

But the fact is, life is unpredictable and filled with situations and circumstances that are outside of your control. A living will is an important document because it helps you and your family prepare for the unexpected and uncontrollable. Putting it off only puts you and your family at risk. Take a look at some of the reasons that you do need a living will.

Retain Control Over Medical Procedures and Treatments

One of the most important things that a living will does is allow you to maintain your autonomy over your body. In a medical crisis, you might not be able to speak up for yourself. Bodily autonomy is a basic human right. You can always decline medical treatments that you don’t want, even when medical professionals deem them necessary. For example, some religions disallow certain medical treatments, like the use of blood products. People who follow those faith traditions can always refuse treatments that involve blood products, like transfusions, even when they’re medically indicated.

But when you reach a certain level of incapacitation – for example, when you’re unconscious, in a vegetative state, or suffering from advanced dementia – you’re no longer able to express your wishes to your doctors. In these situations, medical professionals typically look to the patient’s next of kin or medical power of attorney to make the decisions. The problem is that your relatives or representatives may have different ideas than you do about what medical treatments are best for you.

In a living will, you can outline what you want to have happen in situations where you’re incapacitated. You may specify that you do not want to be resuscitated under certain circumstances, for example. Or you may request that you not be fed through a feeding tube if you’re no longer able to feed yourself. On the other hand, your living will can state that you do want drastic measures taken to preserve your life. Your relatives would not be able to “pull the plug” or withhold care that could keep you alive longer. The important thing is that whatever your wishes are, you put them in writing. With a living will in place, you can have peace of mind knowing that your wishes for your body and health will be respected no matter what.

Head Off Family Arguments

One of the most distressing things that can happen when a family member is incapacitated and in need of medical treatment is an argument between family members about how to handle medical treatments. This can happen when there are legal questions about who should be the one to make the medical decisions for an incapacitated family member. For example, you might assume that your long-term live-in partner would be the one to make the calls, but if you have living parents, adult children, or an estranged spouse that you’re not officially divorced from, one of those people might legally have the right to make medical decisions for you. This is true even if they may not be the people in the best position to know what you would want.

Even when the next of kin is clear and unchallenged, it’s normal for family members to discuss these decisions with each other. Differences of opinion under stressful circumstances can lead to messy and painful disagreements. For example, if you have two adult children who have different beliefs and desires about the medical decisions that should be made for you, that can easily turn into a volatile situation.

A living will can cut off these arguments before they have a chance to get started. If you make your wishes clear or designate a person to make the decisions that you haven’t clarified, there will be less to argue about. You are the one whose treatment is being discussed, and you’ve put your wishes in writing, so that will have to be respected. There may still be conflicts or hard feelings among family members and loved ones concerning your care, of course. In the end, though, most people will respect the wishes of the patient. Creating a living will now can help save your loved ones the heartache that can come with conflict around end-of-life issues.

Reduce Unwanted Medical Bills

It’s no secret that medical costs are a major challenge for many people. And expenses can rack up fast in critical medical situations or when a patient reaches the end-of-life stage.

A living will can help you protect your own nest egg that you may want to pass on to your children or other loved ones. By putting limits on the amount and type of medical treatment that you’re willing to receive, you also put some limits on how much of your wealth can be drained to pay for those medical expenses. You may also be concerned about putting your partner, children, or other family members in debt if they are the ones paying for your medical treatment. Putting a living will in place allows you to protect their finances to some extent as well.

No one’s life should depend on an accounting of dollars and cents, but if you’re ever facing the possibility of being kept alive by artificial means for an extended period of time, you may want to be sure that you or your loved ones are not spending money to extend your life when you have little quality of life or expectation of regaining a better quality of life. This is a very personal decision. If you want to be the person who makes that decision for yourself, a living will is the best way to make sure that you can.

Your estate planning attorney can go over the different factors that should be addressed in a living will and help you make sure that your wishes are expressed clearly and preserved for legal purposes. David P. Folkenflik, P.A. is an attorney in St. Petersburg who can help you make these important decisions.

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".

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