Estate planning doesn’t only involve planning for the distribution of your assets after your passing — it also has to do with planning for incapacity. While accidents or the unimaginable can happen at any time, one of the most important documents you can have in your estate plan is a living will. With a living will in place, you can have peace of mind knowing that your loved ones will have instructions to carry out your wishes regarding your medical treatment if you become terminally ill or permanently unconscious.

What is a Living Will?

A living will is a legal document that specifies instructions for the type of medical treatment you would like to receive (or not receive) if you cannot make decisions on your own behalf. Generally, it outlines your preference for life sustaining measures and may be based on your religious or philosophical beliefs. Unlike a last will and testament, which becomes effective upon death, living wills can only be used in Ohio if you become terminally ill or permanently unconscious. They become ineffective upon your passing.

This document should not be confused with a health care power of attorney, which assigns an agent to make decisions in the event of incapacitation. Specifically, a health care power of attorney provides guidance to doctors, medical professionals, and health care surrogates if you are unconscious, incapacitated, or suffering from dementia, Alzheimer’s, or a stroke. The power granted to a health care power of attorney may be limited or broad, based on your wishes.

What Should a Living Will Include?

There are a number of provisions that can be included in a living will. This documents whether you would like to receive life-sustaining treatment if you are terminally ill — or if you prefer such treatments to be withheld if you are in a permanently unconscious state. This can include artificially or technologically supplied nutrition and hydration and other treatments that prolong the process of dying. If you choose not to limit any forms of life-sustaining treatment, you may also specify that in the document.

Specifically, a living will can outline your preferences regarding the following:

• Life-sustaining treatments — A living will can specify whether you would like to have food and fluids provided through intravenous or tube feedings.
• Palliative and hospice care — Also referred to as “comfort care,” palliative care means any measure that is taken to diminish pain or discomfort. However, such intervention does not postpone death.
• Surgeries — You can include information on whether you would like to receive surgical intervention.
• Medications — You can specify what types of pain management medications, antibiotics, and antiviral medications you wish or do not wish to receive in your living will.
• Organ donations — You can convey which organs you want to donate and how you wish for them to be used by creating a living will.

In addition, a living will can also include a Do Not Resuscitate (DNR) order if certain instructions are added. However, it should be noted that while this document only goes into effect if you are unable to communicate your wishes for medical treatment, a DNR states that doctors should not attempt to revive you if your breathing or heart stops.

What are the Benefits of a Living Will?

Having a living will in place comes with many benefits for both you and your family. Importantly, it can provide you with peace of mind that you’ll receive the care you want and the medical treatment that is consistent with your values. Not only can it help ensure your goals regarding health care and medical treatment are met, but it can also alleviate the stress and emotional burden your loved ones might feel if they are required to make decisions for you.

A living will allows you to make the choices you want at the end of your life. Without this document, your loved ones may be uncertain of what you would have wanted for your end-of-life treatment. They may also have different religious or philosophical beliefs from you. Having a living will in place can reduce conflict and arguments among your family members — and also give them the peace of mind in knowing they are carrying out your wishes in the way you wanted.

Contact an Experienced Ohio Estate Planning Attorney

Accidents can happen at any time and it’s crucial to ensure you plan ahead for the unanticipated. If you are thinking about beginning the estate planning process, it’s essential to consult with a skillful attorney who can best advise you and work with you to create a plan that will meet your goals. Not only should a comprehensive estate plan include legal documents that will ensure your loved ones are provided for after your passing, but it should also address your wishes regarding the event of incapacity or terminal illness.

Located in Bowling Green, Middleton Law Offices has been serving clients in Ohio regarding their estate planning matters for more than a century. Contact Middleton Law Offices today at 419.548.0196 for a consultation to learn how we can help.

Articles appearing in this column are intended to provide broad, general information about the law. This article is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek advice from a licensed attorney.