When it comes to estate planning, one crucial document is often overlooked: the living will. Without it, families may lack direction for the healthcare decisions they make for their loved ones, causing emotional distress and, in some cases, even legal disputes.
“A living will empowers individuals to have their healthcare wishes honored,” says Gaslowitz Frankel Partner Robert Port, “As a result, loved ones are spared from making difficult decisions, creating potential conflicts, and running into legal disputes with other family members or healthcare providers.”
The team at Gaslowitz Frankel LLC holds decades of experience in the area of will contests and disputes, helping families with both litigation and alternative dispute resolution methods such as mediation. Learn about the core benefits of a living will, and contact our firm for a consultation if a related dispute has arisen.
What Is a Living Will?
A living will is an advance directive, a legal document that allows you to express your healthcare preferences if you lose the ability to make decisions for yourself. With a living will, you can specify what types of medical treatment you would or would not like to receive in the case of a serious illness or injury.
Benefits of a Living Will
There are a number of benefits to opting for a living will, most notably the assurance that your healthcare preferences will be honored. Creating a living will can also reduce potential legal complications, as legal disputes may arise if a living will is absent.
Here are the most important benefits of being proactive with your living will preparation:
They Solidify Your Healthcare Preferences
One of the core benefits of a living will is that, in the event of incapacitation, it ensures your healthcare preferences will be honored. By clearly outlining your wishes regarding medical treatments, resuscitation, pain management, and end-of-life care, you can gain peace of mind knowing that your preferences will be followed. A living will is essentially a guide for your healthcare team and loved ones, helping them make informed decisions on your behalf.
Related Article: What’s the Difference: Living Will vs. Health Care Power of Attorney
They Guide Your Family’s Decisions
When a medical crisis strikes and a living will hasn’t been established, family members can face difficult decisions regarding medical treatments for their loved ones. With a living will, you can alleviate the burden and guilt associated with making such choices – sparing your family from having to guess your preferences and potentially drive further emotional distress. Ultimately, a living allows families to focus on supporting and comforting their loved one, rather than grappling with difficult decisions.
They Prevent Unwanted Treatments
Being able to state your healthcare preferences in advance allows you to refuse any medical treatments you wouldn’t want in advance. If an elderly person has strong feelings about not wanting to be kept alive on life support, for example, this can be specified so that family members aren’t left to guess.
They Reduce Potential Legal Complications
Lastly, without a living will, legal disputes may arise between family members or healthcare providers regarding the appropriate course of action – leading to lengthy and costly legal proceedings. By being proactive and creating a living will in advance, your family and healthcare provider will have clear, legally binding instructions, minimizing the potential for legal battles.
About Gaslowitz Frankel LLC
Ensure your loved one’s wishes are followed with Gaslowitz Frankel LLC. Our team has the expertise to guide you through disputes related to living wills, and have helped countless families avoid hostile legal battles. Contact us today to find out how we can help.
