Help With a Living Will
- You can make a living will as long as you are a mentally competent adult. For example, if you're already suffering from an illness that compromises your ability to make decisions, you can create a living will only if you regain your mental faculties. You must make your living will in writing and sign it. Some states also require that you have it witnessed or even notarized.
- Living wills can be changed revoked. If you are still of sound mind, you can change your living will or revoke it in its entirety whenever you wish. You can do this either in writing or simply by telling your doctor that you no longer want the terms of the living will to apply.
- Ideally, you'll never have to use your living will, but you should take steps to make it accessible to those who may someday need it. Some states have living will registries with which you can file your living will. Although it is not necessary to use a registry, filing allows health care providers access to it when it becomes necessary. If your state doesn't have a registry, you should entrust your living will to a family member, close friend or adviser or give a copy to your primary care physician.
- It is important to remember the limitations of a living will. A living will cannot be used as a substitute for other legal documents. For example, your living will is not the same thing as a last will and testament. A last will and testament directs distribution of property and assets and is subject to different requirements and laws. Also, your living will doesn't appoint someone who can make decisions on your behalf when you fall ill. If you want someone who can do this, you must create a durable power of attorney for health care or a health care proxy.