Advance Directives (AKA Living Wills)

Writing out your advance directive, or living will, is an important part of your estate plan. It allows you to state what kinds of treatments you want to receive should your attending physician determine that you have developed a terminal or hopeless condition, or that you are unable to make your own medical decisions, and a second doctor agrees. It includes a power of attorney for health care, who can act as a guardian should you be unable to make decisions yourself, and will give him or her guidance as to the care you would want to receive.

Specifically, you can sign an advance directive refusing life-saving treatment under a variety of circumstances, including when you are in a coma or unconscious for a determined length of time, when you are diagnosed with dementia or Alzheimer’s, or if you are severe pain requiring sedation such that you cannot communicate. You can also specify which kinds of life-saving treatment you would refuse under those circumstances, including refusing life-saving surgeries and CPR, or simply refusing nutrition and hydration other than normal food and water received orally. This is also the time to indicate how aggressively you would like to receive treatment for pain.

Lastly, you can indicate what should happen with your body after you pass. Would you like to donate organs or tissues? Allow it to be used to advance medical education and research? Who should make arrangements for your funeral? And what should ultimately happen with your remains?

To be effective, your advance directive must be signed before two witnesses (another reason why it’s helpful to do it at the same time as your will). Yet it can be revoked by a written statement to that effect at any time.

Once you have signed your advance directive, give photocopies to your designated health care agent, your spouse and (adult) children, your doctors, your close friends, your clergy, and the person you designate to make funeral arrangements. While it may be uncomfortable, it is important that these people know what you would want and not want to happen. Ultimately, they want to honor you and your wishes during this time, and they will be grateful that you took the time to think about what you want and to discuss it with them.

It is a good document to keep in an easy-to-find place. If you have a file cabinet in your home with other important papers, for example, that would be a good place. A safe-deposit box is not as it can be hard to access quickly. I often recommend that clients keep a copy in the glove box of their car(s) and in their suitcase pocket when traveling. Wherever you keep it, be sure that your agent, family, and close friends know where to find it.