August 2009 Law Articles | Law Office of Paige Arden Stanley

President Obama and The First Lady have Living Wills, but I Don’t Really Need One. Or, Do I? - August 9, 2009

During a recent healthcare forum, President Obama revealed that he and the First Lady each have Living Wills (also called advance healthcare directives) but hoped they would never need to use them. Obama’s speech turned a white-hot White-House spotlight on an important subject that everyone, regardless of age, should think about, discuss and request assistance with preparation.

Don’t be like the countless individuals who would prefer ignoring having such an important document, thus leaving it up to others to guess at, or feud about, your wishes and what you might have wanted in terms of life sustaining measures.

What A Living Will Is
Plain and simple: a Living Will is one of the single most important documents that anyone, especially single individuals and unmarried partners (including those in domestic partnerships) can have.

A Living Will is a document that outlines what one’s healthcare preferences are in the event he/she cannot communicate wishes because of some kind of incapacity, either from a brief temporary condition to a long terminal illness. Without a Living Will in place, family members and/or health professionals are left to decide your fate. And, it might not be at all what you would have wanted.

What A Living Will Isn’t
Contrary to popular misconception, a Living Will is not about death or dying. In actuality, it is about someone carrying out your wishes and taking care of you while you are still living, but for whatever reason, you are unable to take care of yourself or make decisions on your own.

Who Should Have a Copy of Your Living Will
Having a Living Will is not enough. Make sure that your doctor, the person(s) you’ve designated as your power(s) of attorney regarding such decisions, and any other immediate family members have copies too. It is also a good idea to take the Living Will with you when you travel. And, last but not least, if you are going to the hospital, even for what may be a minor procedure, take your Living Will.

Questions to Ask
Here are a few of the questions I, if retained, will ask you when assisting in preparing your Living Will.

Do you have a current Living Will?
Do your parents?
Do your siblings?
Do your friends?
Do you have any idea how to bring up the topic?
Who do you want to make decisions for you?
Do you want artificial life-prolonging measures? Which: Nutrition and hydration? CPR? Under what conditions?
Where do you prefer to recuperate?
Do you wish to donate your organs?

Items in this article may be excerpts or summaries of original or secondary source material, and may have been reorganized for clarity and brevity. This article is general in nature and is not intended to provide specific legal or other advice.

Single individuals ask me this question often. Many mistakenly believe that if they do not have much in the way of assets, it is not necessary to work with an attorney to draft a will. In actuality, even if you are single, it is important to have a will that designates what happens to your property after your death.

Otherwise, based on the state where you live, and those laws, the decision regarding the distribution of your property and your assets will be dictated for you.

In my law practice, I talk with many single individuals about estate planning. Typically, these are the least complicated situations, especially if the single individual does not have any children. But, for example, what if the single individual has nieces and nephews–then what?

Sue is single and has no children. Sue has a niece that she absolutely adores. Sue would like to help fund her niece’s college education. Both of Sue’s parents are still living when Sue suddenly dies without a will.

Sue’s living parents will receive her property and assets rather than her niece who she’d like to leave money to for a college education. Despite the fact that Sue may have repeatedly expressed her wishes to her family and friends, it is Sue’s parents who get to decide whether this money (that they have inherited) will be put aside for Sue’s niece. But, Sue’s parents are not obligated to do so. Thus, the only way for Sue to ensure that her niece receives these funds is for Sue to be specific in her will.

The lesson here is that the only way to ensure your wishes are carried out is to have a will and keep it current when a major life event occurs.

This applies to everyone. Check back for future postings about married individuals (including domestic partnerships).