Why You Should Have A Living Will
By Jeffrey W Anderson
If you’re like most people, the last thing you want to think about is a will, living or otherwise. It’s definitely a sobering experience to have think of dying and tying up the loose ends for when we’re gone.
The creation of a living will may be even a little more difficult to face and deal with. No one wants to think of themselves as lying in a comatose state or being so ill that there’s nothing medically left to do for us and that dying is the only thing left.
Still, having a living will is essential, and since we never know what will happen from day to day, you will want to have one made as soon as possible.
Because even though you may not want to confront the issue of being allowed to die without medical intervention, you more than likely have very strong views about having your life prolonged though you may be a burden to others, as well as about being in an accident of some sort that leaves you unable to state your wishes in the case of such an event’s happening.
This is why having a living will is crucial. Think of the Terri Schiavo case, for example. All people had to go on was what her husband and parents had to say—and they obviously had very different views on the subject. Had Terri had a living will, more than likely a great deal of frustration, anger and pain, not to mention time wasted and tax money spent, could have been prevented.
A living will has the ability to speak for you when you cannot speak for yourself. It is vital to answering any questions like those that came up in the Schiavo case and can eliminate the need for taking such an issue to the courts. Because once the courts get involved, we all know what happens: months and months of discussion, ruling and overruling that repeats itself in an endless cycle that does little but draw out the pain and expense.
For a living will to be legal and binding, it must be witnessed by a government official such as a notary public. There are standard living will documents that attorneys use or you can have an attorney create yours.
However, you do not have to have an attorney make your living will as long as you have it duly witnessed along with the appropriate seal. This is an alternative that appeals to many people and they make their own, but fail to make sure they’re legally binding. So if you choose to go this route, make sure you legalize it. Remember, you may have an idea about your final wishes, but your family members may have another.
Finally, once you have created and made your living will legally binding, be sure that the person who will have your power of attorney is aware of the will and that they know where to find it in case it should be needed. Too often, people make living wills but don’t let anyone know about it or where to find it. Hospitals will require a copy, so it is essential that whomever has your power of attorney knows about your living will and your wishes as well as where the living will is should it ever be needed. The last thing you want is to go to the effort of creating a living will and not have it adhered to because the right person doesn’t know where it is!
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