The problem with a living will, ultimately, is that it allows people who do not understand what you want to accomplish to make decisions to end your life under circumstances you cannot know at this time without any requirement to consult your health care agent. Hospitals and doctors are uniformly protected from liability by state law unless bad faith can be proven. And no policing mechanism to ensure good faith exists.
Health Care Power of Attorney
The primary solution to the living will conundrum of excessive care or lack of care consistent with your wishes is an all-powerful Health Care Power of Attorney, Which allows you to start treatment and stop treatment, take you home against medical advice, instruct that a DNR (Do Not Resuscitate) order be placed on your care, and do such other things as you might do.
Revocation of Living Will
You will also want to prepare a Revocation of Living Will to ensure that no Living Will exists to operate against your wishes and excuse liability. Your health care agent should be someone who will follow your wishes and should have complete authority when you to not to instruct care. That person can hire and fire medical personnel, take you home against medical advice, and best ensure that your wishes are followed.
Are You Ready to Create an Estate Plan?
The vast majority of estate plans fail.
To determine if you are in a position to implement a successful estate plan, complete our Estate Transition Check List to find out your readiness score.
Achieve Transition Successfully
Evaluate your family’s odds of achieving a successful asset transition. Complete the 1O-question Estate Transition Checklist to determine how prepared you and your family are to achieve your asset transition goals.
Complete the Estate Transition Check List
Determine Your Priorities
Our Personal Estate Planning Priorities Survey, in combination with Estate Planning Checklist, will help determine your vision and goals for your estate plan and how it is administered by your heirs.
Complete the Survey: Estate Planning Priorities
For more information or answers to your questions, call 317-663-3680, send us an email, or submit this short form: