By completing a living will, people can leave instructions for their families regarding their wishes for end-of-life care. This often takes a great burden off of surviving family members, knowing their loved one’s wishes can be fulfilled.
What Is A Living Will?
Unlike a regular will, a living will dictates a person’s wishes before their death and expires immediately upon their death. Sometimes referred to as a “health care directive” or “advance directive,” a living will describes an individual’s wishes for end-of-life care in case they are unable to communicate their wishes themselves.
A living will should address different types of care and whether or not the individual named in the living will would like that type of care performed on them. Most living wills ask that palliative care, or care that decreases pain and suffering, always be administered, but beyond this type of care, people looking to create a living will must think carefully about the types of care they want to receive.
A living will needs to address what the subject considers “extraordinary care,” meaning what types of care are more than what the subject would want. For many individuals, living wills describe their wishes regarding life support, resuscitation, and other life-sustaining treatment.
Living Wills in Texas
In the state of Texas, not only do individuals need a living will, but they also need to appoint a trusted individual to assume the authority to make medical decisions on their behalf and ensure the living will is followed. This authority is called a medical power of attorney and should only be given to someone who you know will support your decisions. There are limitations on who can be given medical power of attorney in Texas, so it is always wise to consult with an attorney before granting medical power of attorney.
Don’t Draft A Living Will On Your Own
Many people make the mistake of drafting a living will without the help of an attorney, but the reality is most online living wills are generic and unspecific. Only by consulting a living will lawyer can you ensure you have planned for every possible circumstance. At Hensley Krueger LLP, we understand how important living wills are for families, so we work passionately for our clients to create specific and thorough living wills. Call us today to schedule a consultation to discuss your living will.