Do I Need a Living Will or an Advance Directive?
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The answer is BOTH because a Living Will is an important document included as a part an Advance Directive - a collection of legally binding tools that appoint a health care agent and make clear your preferences and intentions for care in the case that you are unable to communicate or make decisions on your own behalf in a health care setting.
What is a Living Will?
A Living Will is an important and very specific legal document that communicates your end-of-life wishes in a terminal life situation. It makes clear to your care providers what life-prolonging measures you would choose to accept or reject if conscious to do so. This might include breathing tubes, foods and liquids and other life-saving measures.
What is an Advance Directive?
An Advance Directive is a set of directions for the medical and/or mental care you wish to receive in the event that your ability to communicate or make decisions is impaired at any time. This group of documents generally includes a Living Will and a Healthcare Power of Attorney.
Why are these Documents Important?
Having an Advance Directive in place can ensure that your wishes for medical intervention and care are followed. It also puts the power of decision-making into the hands of people you have chosen to be your agents rather than arbitrary medical staff with no prior knowledge of your desires and preferences.
This forethought has important implications for the many individuals who become incapacitated at some point in their lives. In an article recently published in the American Journal of Hospice and Palliative Care, researchers found that although 80% of people endorse having an Advance Directive, only 35% of people actually have a written document to support their health care wishes in the case of diminished abilities to communicate.
Although these wishes can be communicated informally with family members, there is no binding written document to ensure that they will be followed. As people age, their chances of incapacitation increase exponentially. However, younger adults also benefit from having these instruments in place to be prepared in case of accident or other health-defining incidents. It is good common sense for all adults who would like to protect their right to pre-determine health care options, to consider setting up an Advance Directive by completing the following documents: a Living Will and a Health Care Power of Attorney.
What do I Need to Know In North Carolina?
In North Carolina, a Living Will is a legal document that communicates that you would prefer to die a natural death under certain incurable or irreversible conditions. A Health Care Power of Attorney names an agent to make health care decisions on your behalf in cases of incapacitation, but not necessarily end-of-life. Another option, Advance Instructions for Mental Health Treatment, determines what treatments you would or would not want to receive if unable to decide for yourself.
There are several state rules that must be followed to create a legally binding Advance Directive—requirements that are in place to protect you and to ensure that your directions will be clear to the physician or mental health provider. A Living Will and Health Care Power of Attorney must be:
A written document
Signed by you while you are still able to make and communicate health care decisions
Witnessed by two qualified adults
Notarized.
Where do I Start?
First steps involve talking to those close to you about your wishes, discussing options with your physician or mental health care provider, counseling with a clergy or trusted advisor, and securing a trusted attorney who can help guide you through this process.
The team at Hillsborough Wills & Trusts has the expertise to help you Build Your Circle of Security through strong legal documents and good counsel. We are here to help you succeed! Contact us at 919-245-8440 or online at https://hillsboroughwills.com/contact