Estate Planning Attorney Helps with Living Declaration

A Living Declaration should be drawn up by an estate planning attorney who can explain its contents. Here are some things to think about.

A Living Declaration is also called a Living Will. This is a crucial document for individuals to have in place as it determines the type of medical services that will be administered in case they become incapacitated. Even though it is only one page in length, this is a powerful document. Accidents and injuries may happen unexpectedly and this document gives clients peace-of-mind as they know that their wishes will be adhered to.

A Living Declaration should be given much careful thought and undertaken with professional guidance. Even after a person has thoughtfully drawn theirs up with their lawyer, he or she should re-read it periodically to make sure there haven’t been any changes. Over time, situations change which might make a person need to rethink and alter portions of the Declaration in order to reflect his or her current wishes.

Not only is this document a wise step to take for the individual who is drawing it up, it is also helpful for all the family members. Having a legal missive with final wishes written down about their loved one’s medical care will provide a sense of relief for them. This will cut down on family arguments or second guessing. If an individual has a terminal, irreversible deathbed condition, this legal missive can address the issue of whether the individual does or does not want nutrition and hydration. Making one’s own decisions about this before it’s needed will take a huge burden from family members’ shoulders.

A person must be a legal adult, eighteen years of age or older, in order to sign a Living Declaration. This document must be signed by the individual as well as two adult witnesses. Witnesses are not allowed to be family members by blood or marriage. They should not be anyone who would profit from the will, such as an heir or legatee, as this would be a conflict of interest.

A Living Declaration may be used when a person has been deemed terminal and not curable of an accident, medical condition or illness. It is a person’s right to die naturally without medical intervention. Medication may be given in order to make the person more comfortable, however.

When a person is healthy and capable of making informed and thoughtful decisions, this is the best time to consult an estate planning attorney. These legal representatives not only help plan for financial and asset distribution, they are also able to draw up the proper documents, trusts, directives and instructions in terms of medical care and death. When a person’s estate needs have been planned for in the event of his or her death, he or she can relax and enjoy the rest of life, knowing that family members are taken care of and that they are relieved of decision making regarding their loved one’s final wishes.

Article Tags: Estate Planning, Living Declaration, Family Members

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