What Is a Living Will/Advance Healthcare Directive?

If something happens and you can’t voice your own medical decisions, you want the proper legal documents in place so loved ones and medical professionals can carry out your wishes. In most states, these are referred to as a living will and advance healthcare directive. Planning ahead with these vital estate planning tools allows you to ensure your choices are honored and provides peace of mind to you and your loved ones.

What is a Living Will?

A living will is a legal document that outlines for medical providers how you want to be treated should you be unable to make your own decisions. In a living will, you can state which common medical treatments you wish to have and which ones you don’t want, as well as under what conditions each of your choices would apply. 

A living will is not the same as a last will and testament, which is a separate estate planning document. That document outlines what you want to happen with your estate, which is your financial assets when you pass away. It can also dictate end-of-life arrangements and your wishes for the care of minor children or adult dependents. 

Types of Decisions Covered in a Living Will

When you create a living will, you can share your preference about the use of many different types of treatments that could be used to save or sustain your life. Some of these include:

• CPR — This procedure is used to restore a person’s heartbeat after their heart stops or becomes dangerously abnormal. Defibrillation, which is electric shocks, and medicine might also be used during this process. Many older adults who have chronic medical conditions decide that they don’t want these life-saving measures, so specify a do-not-resuscitate (DNR) in their living wills. 
• Ventilators — If you are not able to breathe normally, you might require a ventilator, which requires the insertion of a tube into the throat. Many people find this uncomfortable and invasive, so specify either that they don’t want a ventilator or would rather have one inserted through a hole in the trachea for assistance with breathing. 
• Pacemakers and ICDs — Some people have pacemakers or implantable cardioverter-defibrillators (ICDs) that will shock their heart back into normal heartbeat. It’s possible to ask that this be turn off if you decline other life-saving measures. 
• Hydration and Artificial Nutrition — If you are unable to drink or eat, fluids and nutrients may be delivered through a feeding tube or IV. These can be inserted temporarily or surgically for a more extended period. Artificial nutrition can be helpful when recovering from an illness. However, studies have shown that it does not meaningfully prolong life. 

In your living will, you also have the option of documenting other important preferences, such as tissue and organ donation. 

What’s the Difference Between an Advance Directive and a Living Will?

While many people use these terms interchangeably, they aren’t necessarily the same thing. An advance directive is any type of legal document that addresses your wishes about your future medical care. A living will is a type of advance directive. 

However, an advance healthcare directive can be broader than a living will because it can include other documents. Other legal documents you can include with this are a psychiatric advance directive, a healthcare proxy, a do-not-resuscitate (DNR) order, and a medical power of attorney. Your estate planning attorney can help guide your choices so nothing falls through the cracks. 

Why It’s Important to Manage Your Advance Medical Directive

As we grow older, our needs and preferences change as our health situation and beliefs evolve. An advance directive you put together in your 30s may not reflect your wishes in your 50s or 70s. Your life situation may have also changed with regard to divorce, re-marriage, and children. 

If you’ve moved, it’s a good idea to consult with an estate planning attorney in your area who understands the local laws. Keep the originals of your documents in an accessible place and give copies to your healthcare proxy, physicians, and attorney. 

Making a Living Will and Advance Healthcare Directive Part of Your Estate Plan

To protect their interests and ensure their wishes are followed, most people have both a living will and advance healthcare directive as part of their estate plans. Louisville Estate Planning Attorney is dedicated to providing people who are interested in protecting their financial future with the information they need to make the right decisions. We can connect you with an experienced estate planning attorney who will offer skilled guidance on advance directives, wills, trusts, and other estate planning strategies.