Advanced Directive for a Natural Death

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Your Voice in End-of-Life Decisions: The Living Will

Planning for the future involves more than just your finances; it also involves making your healthcare wishes known. While a Health Care Power of Attorney is essential for appointing a decision-maker, an Advanced Directive for a Natural Death—commonly known as a Living Will—is the document that speaks for you when you cannot.

It is a legal document with a very specific and limited purpose: to state your wishes regarding the use of life-prolonging measures in hopelessly dire circumstances.

When Does a Living Will Apply?

A Living Will only takes effect if you are unable to communicate and your condition is certified by a physician to be one of the following:

  • You have an incurable or irreversible condition that will lead to your death in a short period of time (you are on your deathbed).
  • You are unconscious, and it is determined with a high degree of medical certainty that you will never regain consciousness.
  • You suffer from advanced dementia or a similar condition that results in a substantial loss of your cognitive ability.

In these specific situations, your Living Will tells your doctors what you want, removing the immense burden of that decision from your family.

Living Will vs. Health Care Power of Attorney

While a Health Care Agent has the authority to make end-of-life decisions, a Living Will provides your direct instructions, which can relieve your agent of the guilt and stress associated with such a profound choice.

However, we strongly recommend giving your Health Care Agent the authority to override your Living Will. Why? Situations can be medically complex. Your agent may want to seek a second opinion or allow time for other family members to arrive before a final decision is made. Giving your agent this flexibility ensures they have the power to act in your best interest based on the real-time circumstances, while still being guided by your written wishes.

Make Your Wishes Known

Thinking about these decisions can be difficult, but it is one of the greatest gifts you can give your family. Communicating your wishes and putting them in a legally binding document ensures your voice will be heard.

These advance directives are a critical component of a comprehensive estate plan. Call our office to schedule an appointment to get these important documents in place. Call our office at (919) 256-7000 to schedule a consultation.