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What is a Living Will, and When Might You Need One?

It is important to familiarize yourself with different tools and strategies in the world of estate planning. Each person’s estate is different, and each person’s priorities are different when drafting their estate plan. One tool that many individuals often overlook is the living will. On today’s blog, we review the basics of the living will, as well as when you might need one and how you can go about beginning to attain one.

The Living Will

By definition, a living will is a legal document that lists your wishes with regards to medical treatment in the event of your incapacitation. If you become seriously ill, unconscious, or cognitively impaired, you will need a living will to instruct your loved ones on your medical preferences. The living will does not take effect when you are sick but still able to make decisions for yourself. It only applies when you are strictly incapacitated, and you are unable to decide what kind of care you want or need.

Some clauses that individuals typically include in a living will include: a provision about possible resuscitation, instructions regarding a ventilator or feeding tube, and the designation a healthcare proxy to make decisions in your best interest. Importantly, your living will should be as specific as possible so that there is no confusion on how you would want to move forward regarding your medical care. You should also make sure to update your living will every few years, in case there are any changes to your health or to your own individual goals.

How Do You Obtain a Living Will?

The best way to go about drafting and executing a living will is by contacting a trusted Houston estate planning attorney that can help you understand the process and create a document that works for you. At McCulloch & Miller, we recommend going the extra step and communicating with your loved ones about your living will as soon as you write it with an attorney; that way, your loved ones can experience both clarity and peace of mind as you all prepare for whatever might lie ahead.

Do You Have a Houston Estate Planning Attorney by Your Side?

Thinking through the possibility of a living will can be tough, and if you are starting the process, you should have the right Houston estate planning attorney in your corner. At McCulloch & Miller, we are a group of experienced Houston estate planning attorneys that keep your needs and goals at the forefront of our strategy. Our team provides legal services backed by over three decades in the field. When you need a trusted firm by your side as you face complex and unknown legal processes, know that you can count on us.

To inquire about how to move forward with any aspect of your estate planning process, give us a call today at 713-903-7879. You can also fill out our online form with your contact information to have a Houston estate planning attorney get back in touch with you as soon as possible to discuss next steps.

 

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