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Are Living Wills Complicated?

Comprehensive estate plans often involve drafting a living will. Living wills address potential problems that can arise when a person cannot voice her desires with regard to her medical treatment. Complexity varies on the individual's wishes; forms and templates may be used, but they have potential problems.

  1. Purpose of a Living Will

    • It is impossible to predict the future: an accident or disease can occur that robs a person of her ability to make conscious decisions. A living will is a contingency plan. In the event a person cannot make medical decisions for herself, the living will provides a set of instructions for her doctors to follow. The document often addresses life-prolonging treatments, such as the use of a feeding tube or an artificial breather. If the patient does not want life-prolonging treatments performed, or wants their use to be limited, she can set out those instructions in her living will.

    Forms and Templates

    • Hospitals, health care facilities and other resources including the Internet and law libraries have living will forms or templates available for use. These documents are relatively simple to fill out and are uncomplicated. However, living wills must comply with the state laws governing those types of documents. These laws can vary by state and forms and templates may not always meet the specifics of the state laws. The forms may contain vague language that can render the document useless, according to MSN Money.

    Complexity May Vary

    • A person can seek legal assistance to draft a living will on her own. Drafting a living will from scratch increases the level of complexity for the document. The exact complexity varies based on the person's wishes. For instance, the person may want two or more doctors to conclude that she suffers from a condition requiring the use of life-prolonging treatment and that there is a low probability she will recover from that condition. The document can spell out what treatments are okay to use and what treatments should not be used. It is typically difficult to plan for every possible scenario.

    Other Concerns

    • Living wills can be helpful and provide peace of mind, but problems can arise. A living will on its own can be helpful, but MSN Money suggests a few other items, including a durable power of attorney for health care. Durable powers of attorney for health care appoint an agent to make health care decisions for you; coupled with the living will, your wishes and desires are more likely to be followed. Because these documents are legal in nature, readers should seek legal assistance before proceeding on their own.

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