Estate planning is not just planning for death – it’s also planning for incapacity. A Living Will is an essential planning tool everyone needs to ensure that their medical wishes are honored if they ever become unable to communicate them. Here is a short summary of Living Wills, their importance, and how to create one in the New Jersey.
What Is a Living Will?
A Living Will, also known as an Advance Directive, is a legal document that outlines your wishes regarding medical care and end-of-life treatment. It comes into effect if you become incapacitated and unable to express your preferences. A Living Will can specify decisions about life-sustaining treatments, resuscitation efforts, artificial nutrition, and other critical interventions.
Why Is a Living Will Important?
- Ensures Your Wishes Are Honored: A Living Will gives you control over your medical care, even when you cannot speak for yourself.
- Avoid Conflict and Reduce Stress on Loved Ones: Without a Living Will, family members may face difficult decisions about your care. A clear document can ease their emotional burden and prevent potential conflicts.
- Provides Guidance to Healthcare Providers: Medical professionals are bound to follow your instructions as stated in a legally valid Living Will.
How to Create a Living Will in New Jersey
Creating a living will in New Jersey is straightforward but requires careful consideration. Follow these steps to ensure your living will is valid and reflects your intentions:
- Understand State Requirements: In New Jersey, a living will must comply with the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53. The document must be in writing, signed by you, and either notarized or witnessed by two adults.
- Reflect on Your Preferences: Think about your values, beliefs, and medical treatment preferences. Consider consulting with your doctor to understand the implications of different medical interventions.
- Appoint a Healthcare Proxy: You can designate a Healthcare Proxy (also called a Durable Power of Attorney for Healthcare) to make decisions on your behalf if you’re unable to do so. This person should be someone you trust to respect your wishes.
- Draft the Document: Be clear and specific about your wishes to avoid ambiguity. In most instances an attorney will draft your Living Will along with a Durable Power of Attorney, and Last Will and Testament as part of a typical Estate Planning package. However, if you just want a Living Will and are looking for a free or low cost option, use a template specific to your state. The New Jersey Commission on Legal and Ethical Problems in the Delivery of Health Care, has developed free forms that are available here. The website Five Wishes also provides very lost cost options for individuals throughout the country here.
- Sign and Formalize the Document: Sign the document in the presence of a notary public or two witnesses. Witnesses cannot be your healthcare proxy or anyone directly involved in your care such as your doctor.
- Distribute Copies: Share copies of your living will with your Healthcare Proxy, family members, and primary care physician. Keep the original in a safe but accessible location.
- Review and Update Regularly: Life circumstances and medical advancements may change your preferences. Review your living will periodically and make updates as needed.
Frequently Asked Questions
1. Can I change my Living Will? Yes, you can update or revoke your living will at any time, as long as you are mentally competent. Be sure to inform everyone who has a copy of the document about the changes.
2. What happens if I don’t have a Living Will? Without a Living Will, medical decisions may be made by your family members or healthcare providers based on what they believe is in your best interest. This can lead to stress and potential disagreements.
3. Is a Living Will the same as a Last Will and Testament? No, a Living Will addresses healthcare decisions during your lifetime, while a Last Will and Testament outlines the distribution of your assets after death.
Final Thoughts
A Living Will is a powerful tool to ensure your medical wishes are respected and to provide peace of mind for you and your loved ones. In New Jersey, the process of creating a Living Will is straightforward and accessible. It is also one of the few legal documents you can obtain for free and complete on your own. By taking the time to prepare this document, you can take control of your future care and alleviate potential challenges for your family.
Start planning today by consulting with a legal professional or using reliable resources to draft your Living Will. It’s a small step that can make a big difference during a difficult time.