Incapacitation Planning Using a Living Will

 Posted on March 28, 2023 in Estate Planning

As with many estate planning topics, incapacitation planning is not the most pleasant topic in the world to consider. However, it is a topic that should not be overlooked. Incapacitation planning is the process of planning for the possibility of severe illness or injury.

Have you ever thought about whether you would want to be kept alive by a ventilator if you fell into a persistent vegetative state? Do you consent to undergo dialysis if you require it? What are your personal beliefs about organ donation and palliative care? These are extremely important questions and that are deeply personal. A living will allows you to make decisions about these crucial matters ahead of time. This ensures that your loved ones as well as your doctors understand the types of medical care you wish to receive if you are ever too sick to explain your wishes.

You Deserve to Be in Charge of Your Own Medical Decisions

Normally, doctors and other medical professionals can simply discuss medical options with their patient. However, if a patient is incapacitated to a degree that they cannot communicate, doctors may need to guess what the patient would want. A living will takes the guesswork out of this situation. Your living will can specify your decisions regarding artificial ventilation, CPR, palliative care, dialysis, medications, tube feeding, and much more.

Most people have their own beliefs about the nature of life, death, and what happens after we die. These personal beliefs will likely weigh heavily in your decisions about end of life care. Through a living will, you can ensure that your wishes will be carried out even if you cannot convey the wishes yourself.

Your Living Will Gives You and Your Loved Ones Peace of Mind

When an individual without a living will, power of attorney, or other advanced directives falls gravely ill, family members are often left with the tremendous burden of deciding what types of medical care the individual should receive. This is a very emotionally taxing situation to be put in. It is also a situation that frequently leads to familial disagreements. In some cases, disagreements about end of life care escalate and the family members end up in a legal battle over the decisions.

Drafting a living will ensures that your family members will know how to handle the situation if you are ever incapacitated. They will not have to decide whether to keep you on a ventilator, remove a feeding tube, or make other life or death decisions. You and your family gain peace of mind that if anything should happen, the decisions will already be made.

Contact a Fort Worth Estate Planning Lawyer

Our Texas estate planning lawyers recognize that it is not always easy to talk about end-of-life matters. We provide skilled, compassionate legal guidance throughout the estate planning process. Call our office today at 817-349-7330 and set up a free initial consultation to learn more about our services.

Source:

https://www.aarp.org/caregiving/financial-legal/info-2019/what-is-a-living-will.html