At one time, not too far in the past, if you made out your will, it was just cast iron -  no one could dispute anything if those were your dying wishes. However when the legal whole estate tax system expired recently, it took the security and sanctity of the will with it. But that is getting a little ahead of ourselves. Almost no American actually has a proper will in place.Worrying about losing your rights to a secure will can be a little premature if you’ve never even had one. There really is no reason to go intestate; there are even online will facilitation services that can make the process pain-free. If you still find it hard to believe in wills and trusts, here’s a little incentive. People seem to think that if there is not a whole lot they have by way of assets when they die, everything will just automatically be made over to their immediate heirs, their next of kin, without much ado. Nothing could be farther from the truth, as ado there will be.

What is worse, the ado will be on your coin. The government will bring in a conservator, lawyers and other clerical staff, all of whom will be paid out of your estate. And they will remain on your payroll until they find a satisfactory solution to the question of what to do with your money. The whole estate tax mix-up exists only in the year 2010. The estate tax will be right back next year; that makes this year an especially important one to keep your wills and trusts up-to-date in great shape. If you have a good bit of money and property, if your wills and trusts are outdated enough to not take the estate tax situation this year into account, you’d be inadvertently leaving a lot of your money to people you don’t care that much about, or leaving too little to the ones you do care about.

While you’re at it, have you thought about the beneficiary designation form? That’s what decides who gets your insurance and retirement money after you. Wills and trusts have nothing to do with this. If you took out an insurance policy 20 years ago before you met your wife, and you nominated your sister as the beneficiary in case you died and then forgot all about it, 20 years later, your wife and children won’t get a cent. Because your sister, whom you put down as beneficiary all those years ago will be the only one who counts on paper. It doesn’t matter what you say on your will about how important your wife and children are. It’s important to keep track of everything, and keep everything up to date.

Of course in the end, wills and trusts have to be placed somewhere your family can find them. In addition to the will, it would be a good idea to put down on a balance sheet, everything that you own and everything you owe. And on top of that, you could leave a letter of intent for those you leave behind. Even if they can’t find the will, at least they will know what you intended. Even if that isn’t really valid in a court of law.

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A living will is a document in which a person determines the life-prolonging procedures, measures, or treatments he wants or doesn’t want to undergo in the event he is not in any capacity to decide for himself or communicate his preference. Essentially, it his written directives that would guide his physicians and other health care providers in the course of medical treatment. The person, through a living will, can tell if he wants to be revived through cardiopulmonary resuscitation (CPR), be nourished through feeding tubes, or be supported through mechanical ventilation, among other things. If so, when and for how long does he intend to be on such support devices?

Living wills can be very specific, although at times it can be very general, which is why having a medical power of attorney (POA) is sometimes recommended. A POA is another document in which a person authorizes another individual to speak for him in case he has inability to do so and sometimes interpret the living will. This person, called health care agent or proxy, must know beforehand the other person’s preferences and medical wishes. In some states, living will and POA are in a combined form under the name Advance Directives.

Living will is oftentimes associated with older people, but since all people are subject to any eventuality, it is recommended that anyone aged 18 and above should make a living will. This, of course, appears creepy to some people, but it has to be understood that making a living will lifts the emotional burden off the family members when the need to make medical decisions arrive. It can also spare the patient from prolonged suffering, if he, particularly, is beyond recovery. And this can likewise mean less financial spending for the professional and facility fees. But ultimately, it gives the patient the privilege to decide for himself even in comatose or vegetative state.

Laws on living will vary from state to state. Some states require living will to be notarized; others do not. There are also states that use standard living will form, and states that have specific instructions on making a living will. Before making a living will, therefore, it is important for a person to know the fundamentals of a living will in the state he is residing in. As soon as the living will is completed, copies must be distributed to loved ones, health care agent (if there is a signed POA), personal doctor, and, in case of hospitalization, attending physicians.

Changes can be made in the living will; however, these should be brought to the attention of all people concerned. The old living will, which must be destroyed, will then be superseded by the new version.

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1. You stay in control. When you have a living will, you can decide on things you have otherwise no control of. You can, for instance, decide what kinds of medical intervention you would like to receive or how long you want to be on life support. Without a living will, the decision is entirely left to your family and doctors. And it’s likely that their decisions would not be agreeable to you.

2. You make things easy for your family and friends. Seeing you in a vegetative state or in permanent unconsciousness would sure break your loved ones’ hearts. But you can spare them this kind of emotional torture by instructing in your living will to withhold life support if it only attempts to artificially delay death.

3. There would be no arguments within the family. Deciding on sustaining the life of a loved one or allowing the natural course of death is a completely painful task. It’s so hard because each family member has a differing opinion. One may like to continue the artificial nourishment, the other one may not. The parent may desire to keep the life support, the spouse may not. If there is an outstanding living will, however, factions like these would be eliminated, as your family would have to rely on your living will and honor whatever that is written.

4. Doctors would be more guided in administering medical intervention. Because the doctors know exactly what you want, it would be less hard for them to choose from available treatment options for you.

5. You get to discuss the end-of-life possibilities with your loved ones. Although this would not be a relatively happy conversation, this would bring awareness to your household about illness, injury, accident, and death. In the end, your family members would at least be better prepared in handling any eventuality.

6. You have your peace of mind. By ensuring that you get the health care that you want and that your family is spared from the task of deciding for your life, you get the sense of peace that only comes from being in control. 

7. You preserve your right. Among the benefits of a living will, keeping your right to choose or decline treatments, interventions, or life-sustaining measures is perhaps the most humanly fair. You may be unconscious when you use your living will, but it doesn’t mean you have to be stripped off of your right. Your living will would uphold this basic right even if you are oblivious to the rest of the world.

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Be sure to make your own living will not liable for any misinterpretation. You should hire the legal assistance of a professional (an attorney). Be clear to set out goals before you begin writing the living will. What do you intend? Are you just not into certain medical procedures or are you just considering the hefty costs the processes might incur? Here are some guidelines that could help you create your living will appropriately and in a breeze.

Carefully look at all the options as you write your living will. As mentioned, you could consider the possible costs. You should also take a look at the survival rate. If an event could not be possibly overcome, why prolong your agony? You would have to consider all your existing medical conditions and history. It would be advisable if you would seek the assistance and guidance of a doctor or medical professional as you write the document.

Ask someone permission if you want to name him or her as a person who would make decisions on your own behalf. Some people might not be comfortable with the idea. You could ask any member of your family or even your legal counsel to do so. It is always important to attain the full consent of that person before he is included as a decision maker in your living will. You might need to appoint other proxy in case that person is unable to perform the duties you assign him or her.

Have a witness when writing and legalizing your living will. This is similar to the process when you make a living trust or last will. Legal issues need to be settled and taken care of for the living will to be effective. This is more helpful if you are consenting to donate your organs upon your death.

Strive to write your living will in a straightforward and clear manner. You certainly would not want it to be subject to too much misinterpretation. You should also check for typographical, spelling, or grammatical errors as such could possibly interfere with correct interpretation of the document.

Keep a copy of the living will. You could also distribute other copies particularly to your lawyer, doctor, healthcare provider, family members, and several trusted friends. This is to make sure your living will would take effect when the time comes.

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Living wills come in different wordings, but the content says the same thing: The patient is given the right to decide for his medical care even in the bed of unconsciousness, terminal illness, or vegetative state. Specifically, the living will touches the following areas:

1. Declaration of sound-mindedness at the time of making the living will. The testator affirms that he is in a reasonably perfect state of mind to decide on his medical wishes and to understand their implications and that all decisions are made willfully, voluntarily, and without the presence of any kind of pressure. This have to be made sure because whatever wishes indicated in the living will would be actualized and would determine whether to withdraw or continue any medical intervention. 

2. Possible medical scenarios. These may include comatose, vegetative state, permanent disability, brain damage (both terminal and not), and chronic illness. For each medical scenario, the testator chooses whether to undergo treatments and if so, under what specific goal. It can be to sustain life, to attempt to cure, to provide comfort, etc. Additionally, the testator can specifically state his refusal of life-sustaining or life-prolonging measures, should bringing the desired quality of life is impossible and death is imminent. It is important to note, however, that a living will is not supposed to include unwarranted requests like euthanasia, administration of unnecessary and inappropriate medications, and the likes.

3. Appeal that the living will be honored. The testator requests that the attending physicians and family members honor the directives stated in the living will.

4. Statement of possible revocation. The testator reserves the right to revoke the living will at any time. But unless the living will is revoked, it would remain active and must represent the wishes of the testator.

5. Declaration of witnesses. The witnesses testify that the testator is emotionally, legally, and mentally capable of making the decisions and that he understands the implications of the stated health care desires. They also state that they are not in any way related to the testator by blood or marriage, do not represent the testator’s doctors or attending hospital, and are not beneficiaries of the testator’s estate.

6. Signatures of the testator and witnesses. The living will is duly signed to make it legally binding. Any unsigned living will is considered invalid.

The contents of a living will should be carefully reviewed before notarizing, if required by the state, and filing. It is also important to update the living will periodically, as beliefs change over time and new medical treatments, which the testator may either like or dislike to receive, are introduced each year.

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Why create a will when a loved one can choose what’s best for you? Well, it is your own life—and it is your right to determine for yourself whether you want to remain in a continuous vegetative state or not. To some people, prolonging life when death is looming is only prolonging the suffering and pain associated with the dying process. Others find it a violation to their religion the procedure of extending their life with the use of machines.
Living wills allow terminally ill patients to decide whether to continue or withdraw the medical procedure performed on them.

Also, these documents state the kind of life support systems such as artificial feeding and fluid tubes and dialysis that a certain patient wants to use or cancel. In other words, living wills allow patients to clearly state their medical preferences before they are unable to make such literally life and death decisions.

A health care directive informs the family of what the patient would want to happen in case he would need a life support system. As a result, family members and relatives will not have to argue amongst themselves or face a dilemma whether to extend the life of their loved one or to end his suffering.

Another justification for drafting a will is that medical breakthroughs have enabled doctors to extend and sustain one’s life, though the patients may not be able to recover from a vegetative state. A health care directive informs the doctor in advance if the patient wishes to discontinue medical procedures that are meant to extend life, even if that would mean the end of his life. 

The best thing about living wills is that medical professionals and health care providers are bound to follow the statements or orders expressed in these documents. Patients also have the option to withdraw or change some statements in their will, or revoke the document altogether, before they become mentally incapacitated.

For the will to be recognized as valid and legal, it must conform to the laws of your state. For example, some states require that the document be notarized, signed by two witnesses, or both.

Typically, living wills become effective when the copies of the document are sent to the doctor, health care provider, and you are unable to make medical care decisions for yourself (which means either you cannot communicate because of terminal illness or are permanently unconscious and in a state of coma).

Understanding the purpose of a living will is crucial because it can spare your loved ones the burden of determining the best health care decision for your condition.

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