Living wills are estate planning documents that provide you with the ability to determine your future medical care at a time when you are incapacitated. They are useful in situations following an unexpected injury or illness where disputes might arise between your loved ones.
While living wills in New Bedford are not formally recognized under the law, they can still be beneficial in an unofficial capacity. With the help of a dedicated wills attorney, you could make the most out of these options.
A living will, also called an advance directive, is a legal document describing the kind of medical care an individual wants to receive should they become incapacitated. These documents can also spell out the kind of care they decline, including life support under certain circumstances.
These documents can be created at any time, but they are only relied upon when the creator cannot communicate their wishes. Often, they include instructions in specific situations like a severe injury, mental incapacitation, or being in a persistent vegetative state.
A living will in New Bedford typically specifies whether a person wants certain medical options, such as a feeding tube or pain medication.
The state does not recognize a living will. A physician is not obligated to follow the directive, even when there is no dispute about its authenticity.
There are other options to consider, however. The state has adopted a healthcare proxy law that can meet many of the purposes of the living will in New Bedford. A proxy is a person given the power to make medical decisions for someone else when that person becomes incapacitated. Instead of having a list of instructions, this option involves appointing someone else to make the critical choices. An attorney could help someone name a proxy in their living will who will honor their wishes.
There are reasons to create an advance directive even when the law will not enforce it.
Becoming Incapacitated in Other States
Most states recognize authentic living wills. These documents are often valid when a resident becomes incapacitated out of their home state. This is especially important for anyone who travels a great deal or has close family out of state.
Informing Family
This document can also help someone facilitate a discussion with family and friends about their wishes regarding future medical care. Using the will as a starting point for meaningful talks can be helpful.
Supporting the Healthcare Proxy
Acting as a healthcare proxy is challenging, so any guidance can be invaluable. The proxy can consider the person’s wishes as outlined in their living before determining how to proceed.
It is never too early to consider your future medical wishes. Even though these advance directives are not legally binding in the state, there are many reasons to draft one anyway.
The sooner you get started, the better. Contact an attorney who can discuss living wills in New Bedford with you during a confidential consultation.