In our Durham office, we regularly consult with clients about their estate planning needs. One of the more morbid things we discuss is the Advance Directive for a Natural Death, or Living Will, but it is a critical estate planning tool for most of our clients.
With respect to the living will, we discuss with our clients whether they would want life prolonging measures withheld (or as many of my clients call it, “pulling the plug”) in any or all of the following circumstances:
1. I have an incurable or irreversible condition that will result in my death within a relatively short period of time,
2. I become unconscious and my health care providers determine that, to a high degree of medical certainty, I will never regain my consciousness, or
3. I suffer from advanced dementia or any other condition which results in the substantial loss of my cognitive ability and my health care providers determine that, to a high degree of medical certainty, this loss is not reversible.
Then, we discuss whether they want to grant the authority to their doctor to withhold life prolonging measures or whether they want to direct the doctor to withhold such measures.
Then, we discuss whether they would still want artificial nutrition or hydration.
Making decisions now about whether they want to withhold life prolonging measures might conflict with their health care agent’s decision-making authority about such things. Just in case that happens, we will have our clients decide whether they want their living will to control or whether they would want their health care agent to be able to override their instructions.
The living will also directs that they be kept clean, comfortable, and free of pain, even if it hastens their death. We also include a clause that limits liability for those relying on the document. Finally, we make sure to provide how this document can be revoked, should our clients have a change of heart.
If you are interested in a living will or other estate planning documents, you can contact our law firm and speak with one of our attorneys by scheduling a free estate planning consultation.