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How to prepare a living will?
A living will allows you control over your health

By Peter Foss  

Summary:  The recent case of Terri Schiavo has taught us all that proper legal paperwork is so critical, unless you want all kinds of interest groups getting involved in what should be a very personal decision. What happens to you when you are not able to decide for yourself?  It is best to document your wishes in writing. And the way to do is to write what is legally known as a "living will" (or advance directives) which is a document that lets YOU decide whether or not to be kept on artificial life support and for how long. 

A living will with clear instructions allows us to decline life support in the future when it is clear that death is imminent or a state of coma becomes permanent. It is very useful in what is known as permanent vegetative state (PVS). While myths prevail and there are all kinds of stories of people who became "alive" after they were "dead," in most cases, doctors believe that the prognosis is really bad in PVS. And you need to do this only if your belief system allows you to control what happens to your body. If you do not mind being on life support systems for years/decades, even if the brain is no longer functioning or you are in constant pain (but others can not notice it), then there is no need for a living will.  (Related:  Personal finance for empty nesters)

How to write a living will?
  • The simplest, but rather expensive, thing to do is to pick a lawyer, tell her/him what you want, and then simply sign. The cost can be several hundred of dollars depending on where you live and which attorney you hire.
  • Use an online living will creation software. Answer a bunch of questions first, the online website staff then checks the document for completeness and prints/mails it to you for signature, and all you need to do is to sign it and do what the instructions tell you to do. Typical cost is approximately $50. In this case, you represent yourself in your own legal matters.
  • You can simply use a fillable form that you can either get from the Internet or ask a charity organization to give it to you. Many office-supply stores sell them too. They also are available from your state government, hospitals and hospices. Fill the form and you are basically done. Generally no cost to you or a very small fee depending on where you live. In this case, you represent yourself in your own legal matters.  (Related article:  How to hire an attorney?)

What else is needed for a living will?

  • You will need one or two witnesses, preferably people who are not related to you (those that can not benefit from your death).
  • It is also important to let your doctor, attorney, and family members know that you have prepared a living will and where they can find it. You can also put a card or note in your purse or wallet saying that the forms have been prepared so that when you are in a hospital and no family members can be found immediately, the hospital staff will have better idea of what to do with you.
  • If you move to a different state or if your medical condition changes or if the laws change, you may need to do another living will.

Is that it?

Well, this is still a gray area, and no clear process is established. In some cases the doctors may refuse to follow your will if it is not in your best interest. If your family members object strongly, things can get pretty complex. But if you do the paperwork and share your wishes with family members, doctor, and attorney, chances are high that your wishes will be respected.

Related article:  Buy/sell your home without a realtor or an attorney   Avoid gold digger attorneys

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