It is an unfortunate fact of life that because of some tragedy or health problem you may eventually be unable to communicate, or even know what is best for yourself and your own well-being. In such circumstances, your loved ones and others responsible for your welfare may struggle with decisions about what you would have wanted or what would be best for you. A living will provides you with an opportunity to set forth in writing what your wishes would be in a variety of situations. Of particular importance are the areas of your personal health, and your personal finances. With respect to your medical situation you can direct both your loved ones and medical professionals as to the decisions you would have made had you been able. You can even provide for the eventuality that you may need to have life support withdrawn, and know that the guidelines you set forth in your living will can provide relief to all concerned because you have told them what your wishes would be. As to your financial circumstances, you can provide information and direction for those closest to you even if you are unable to communicate with them. In short, a living will can provide comfort and offer direction to those who care for you.

You should be aware that most medical professionals will, as a matter of course, continue to take extreme measures to sustain your life absent permission from someone legally authorized to instruct them otherwise. If you wish to avoid any extreme measures to prolong your life, a living will containing such instructions, by itself, is not enough. Similarly, the provisions of a living will cannot empower anyone to act on your behalf with respect to your financial matters. In order to be certain that the provisions of your living will are carried out, one or more “Durable Powers of Attorney” should accompany your living will. Samples of a “Durable Power of Attorney – Health” and a “Durable Power of Attorney – Financial” are available here. These documents name an individual to act as your agent and on your behalf and legally empower those individuals to carry out the various directions contained in your living will. You may wish to select the same person for both Powers of Attorney, or you may wish to designate one individual as your legal representative for health matters and a different individual for financial matters. You should also name another individual to act as a successor, or alternate, for each of these areas in the event that the individual originally designated cannot fulfill his or her responsibilities. In choosing these individuals take care to consider their ages, their relationships to you, their trustworthiness, and their ability to make difficult, perhaps even life-and-death decisions. For various reasons some people are unqualified to take responsibility in such situations.

Finally, don’t shy away from making the difficult decisions that a living will requires. No one knows better than you what your wishes would be in the event of your own incapacity. Some of your decisions may surprise even those closest to you. You should review your living will and your durable power of attorney whenever you review your regular will, and try to do so at least annually. Such reviews will give you an opportunity to be sure that the provisions of these documents are still appropriate, and a chance to re-evaluate whether those you have selected as guardian, trustee, personal administrator, and the individuals named to act in your durable power of attorney are still in good health and continue to be appropriate choices.

A sample form of a Durable Power of Attorney - Health, and a Durable Power of Attorney - Financial are available for your consideration. Left mouse click on the form name to view the form you are interested in. You may wish to print these forms for your consideration, however, be aware that some states have specific forms that should be used in those states.

A final note: Some estate planning experts recommend establishment of a fully funded Revocable Living Trust to be used together with a Special Durable Power of Attorney. It is possible that in the state where you live these documents are necessary to accomplish a complete estate plan. As always, we recommend that you consult an attorney with expertise in the areas of wills, estate planning and trusts. You simply cannot complete a competent estate plan without competent legal representation and advice.