What is a Living Will? Do I Need One?

When drafting a will or other estate plan in Texas, it is easy to think about including provisions for the distribution of assets and debts. What many people don’t realize, however, is that it is also smart to draft a living will. By definition, a living will is a legal document that provides instructions for a person’s medical treatment if that person is unable to make medical decisions for him or herself. This inability could be due to illness or unconsciousness, and it often occurs when a person is under some kind of life support. Does it make sense to include a living will in your estate plan? Why or why not?

In short, we at McCulloch & Miller recommend that our clients draft a living will as soon as possible. The first reason it makes sense to draft a living will is simple: we never know when the unexpected will hit us. Even if you are a healthy person, life can change in an instant. While this is not a pleasant reality to think about, it is important to realize that no one is immune from severe and unexpected illness. If and when an illness does strike, you want to have a detailed plan in place.

Second, there are so many options for which medical decisions might arise during an emergency situation. For example: what are your preferences for pain management? Do you want to donate your organs? Do you want doctors to resuscitate you if they need to make an instantaneous decision? Because these decisions can be complicated, it is always better to have your preferences written down far in advance.

Third, having a living will makes things much easier on your loved ones during an emotionally fraught time. If you are in a difficult medical situation, you want to make things as easy as possible on the people ensuring you are cared for. When there is already so much at stake, you don’t want to leave your closest family and friends guessing about what you might have preferred. To keep this from happening, write a living will that provides detailed instructions on your preferred medical treatment.

Call a Houston Estate Planning Attorney Today

For help navigating all things estate planning and probate, give our firm a call at McCulloch & Miller. We help clients every day as they think through tough decisions about their assets, their end-of-life care, and the loved ones that will be involved. Our group of Houston estate planning attorneys offers empathetic representation that takes each client’s needs and priorities into account, and we are proud to offer high quality legal services during a time that can be daunting for many of our clients.

If you would like to set up a consultation with one of our Houston estate planning attorneys at McCulloch & Miller, give us a call as soon as you can at 713-936-9073. You can also fill out our online form to tell us about yourself and have a member of our team contact you as soon as possible to discuss next steps.

 

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