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Living Wills in Melville

At some point, you will recognize that you need to plan for the disposition of your assets after your death. Although you may have already drafted a will that states how your possessions will be dispersed, it is crucial to have a legal document known as a living will in place that states your healthcare wishes in the event you can no longer speak for yourself.

A well-versed wills attorney from Tully Law Group, PC, could help you take the necessary steps to ensure your wishes for a living will in Melville are accounted for, such as end-of-life care requests, medications, or various medical treatments. You owe it to yourself and your loved ones to put these provisions in place so that your family can honor your wishes.

What Is a Living Will?

Living wills, also known as advanced directives, originated in 1969 and are named because they are adopted when the maker is still alive. Beginning with the federal Patient Self-Determination Act of 1991, nursing homes, hospitals, and home healthcare agencies must inform patients about living wills.

When patients are terminally ill or unresponsive, living wills inform medical professionals about what treatments should be administered or withheld. Along with being at least 18, those drafting a living will must:

  • Reduce the document to a dated writing
  • Ensure the person making the will is mentally competent
  • Ensure they are not pregnant when the living will becomes valid
  • Ensure the living will is signed and witnessed by two people who are not responsible for the person’s healthcare expenses

About one-fourth of Americans retain the ability to oversee their end-of-life decisions. Living wills differ from healthcare powers of attorney because no other person determines the maker’s final wishes. When the person who creates the will has both a healthcare power of attorney and living will, the living will dictates end-of-life procedures. Our experienced attorneys understand the nuances of creating living wills in Melville and could oversee the process from start to finish to make sure all final wishes are known.

What Is Included in a Living Will?

Living wills are as specific as the person wishes them to be. They can include whether nourishment and hydration should be administered or withheld, whether a respirator should breathe for the patient, and what medications and treatments, such as surgery, chemotherapy, and blood transfusions, are acceptable or should be discontinued.

A living will also discusses whether emergency responders should perform cardiopulmonary resuscitation (CPR), which can break ribs. Unless a patient specifies in a living will that they do not wish to receive pain medication, it is provided during the final days to ensure the patient’s comfort. Consult with our Melville living wills attorney to discuss the merits of adopting this important document.

Can a Living Will Be Revoked or Amended?

Living wills can be updated and an original can be destroyed. People who make these documents can also revoke them by destroying and not replacing them. Personal physicians and family members should have a copy of the living will a person wishes to be enforced. Our attorneys will also keep a current copy of a living will on file.

Let a Melville Attorney Help You Create a Living Will to Support Your End-of-Life Wishes

Not every estate planning document is necessary for every person. The choice depends on a person’s needs and individual life circumstances. However, a living will is one document that benefits everyone because it keeps final decisions in the person’s hands, even when they are not responsive.

It is crucial to talk to a practiced attorney from Tully Law Group, PC, about drafting a living will in Melville today so that your interests are protected. Call our firm to schedule an initial consultation at your convenience.