What Is a Living Will?

Learn More About What Is a Living Will and Why Durable Designation is Quite

Important Here

WHAT IS A LIVING WILL?

DENNIS D. DUFFY Iowa Estate Planning Attorney

http://www.duffylawoffice.com/estate_planning/index.php/estate-planning/

What Is a Living Will? www.duffylawoffice.com 2

When you plan your estate you facilitate the transfer of your monetary assets to

your heirs after you pass away. This is part of the equation, but you should also

prepare for the latter stages of your life when you are creating an estate plan.

ADVANCE DIRECTIVES FOR HEALTH CARE

It is very possible that you will become incapacitated during the latter portion of

your life. Some people suffer from mental incapacitation, and others become

physically unable to communicate.

When you create an incapacity plan you include documents called advance

directives for health care. The decisions that you record in these directives

would be honored if you were to become incapacitated.

LIVING WILL

A living will does not have anything to do with the transfer of financial assets.

This is a different type of will.

When you create a living will

you express your preferences

regarding the use of life-

sustaining measures in the

event of your incapacitation.

Sometimes doctors can keep

terminally ill patients alive indefinitely through the utilization of artificial means.

There is no hope of recovery, and the patient cannot communicate, but he or

she can be kept alive. Life-sustaining measures can include artificial nutrition


and hydration, and mechanical respiration.

Whether or not you would want to be kept alive under these circumstances is a

personal decision. You use a living will to record this decision in a legally binding

manner.

IMPORTANT FOR ADULTS OF ALL AGES

All responsible adults should have an estate plan in place that includes advance

health care directives. Younger adults are involved catastrophic accidents each

and every day. Some fall victim to serious illnesses.

When you have a living will in place, you can be sure that your wishes will be

honored should you become incapacitated and unable to communicate.

DURABLE POWER OF ATTORNEY

A living will is an essential advance directive for health care. However, it is not

the only advance directive that is recommended.

There are various different

health care decisions that

could present themselves. You

are not going to be able to

address every possible

scenario when you create

your living will. To account for

this you should also execute a legal device called a durable power of attorney


for health care or health care proxy.

With a durable power of attorney for health care you name an agent or

attorney-in-fact. This individual will be legally empowered to make medical

decisions on your behalf in the event of your incapacitation.

The durable designation is quite important here. A power of attorney that is not

durable would not remain effective if the grantor or principal was to become

incapacitated. Durable powers of attorney do remain active upon the

incapacitation of the principal.

IMPACT ON YOUR FAMILY

When you execute advance directives for health care you assert your own

personal choices. This is the most compelling reason to take action. However,

you also take difficult decisions out of the hands of your loved ones, and you

prevent potential disagreements before they happen.

What consequences could come about if you did not have your advance

directives in place?

If you were to become incapacitated and unable to communicate, your closest

relative would be asked to make decisions on your behalf. When you are talking

about the life or death of a parent, child, or a sibling, this is an excruciating

position to be placed in.

In addition to this, everyone in the family may not be on the same page. Family


members could disagree with regard to the

correct course of action, and a very difficult

situation could become even worse.

Arguments and hard feelings could develop

among your loved ones during a time when they

should be coming together to support one

another.

When you execute your advance directives for

health care you are protecting yourself, but you

are also protecting your family.

CONCLUSION

A living will is an advance directive for health

care. You use this document to record your

wishes regarding the implementation of life-

sustaining measures in the event of your

incapacitation.

Advance directives for health care are typically

going to be part of any comprehensive

incapacity plan. An incapacity plan is going to be

a component that is contained within a broader

estate plan.

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If you are currently going through life without a living will, you should certainly

discuss incapacity planning with a licensed estate planning attorney.

REFERENCES

American Bar Association

http://www.americanbar.org/groups/law_aging/resources/health_care_decision_

making/consumer_s_toolkit_for_health_care_advance_planning.html

Iowa Bar Association

http://www.iowabar.org/?page=18PowerofAttorney

http://www.americanbar.org/groups/law_aging/resources/health_care_decision_making/consumer_s_toolkit_for_health_care_advance_planning.html

http://www.americanbar.org/groups/law_aging/resources/health_care_decision_making/consumer_s_toolkit_for_health_care_advance_planning.html

http://www.iowabar.org/?page=18PowerofAttorney


About the Author

Dennis D. Duffy

Dennis Duffy combines an extensive background in business with a

wide range of legal experience to provide his clients with a uniquely

practical perspective. An attorney since 1989, he practices primarily

in Estate Planning, Wills, Trusts and Probate. Mr. Duffy also offers

frequent educational seminars on a variety of estate planning topics

to both the general public and private groups in the Quad Cities

area.

Experience

Mr. Duffy has been practicing law since 1989, when he joined the general practice firm of

Bozeman, Neighbour, Patton&Noe in Moline Illinois. In 1990, Mr. Duffy and five other

attorneys founded the law firm of Anderson & Nelson, with offices in Rock Island, Illinois and

Davenport Iowa; the firm eventually grew to 12 attorneys, with Mr. Duffy as managing

partner. He founded Duffy Law Office in 1995.

Before returning to school for his advanced law and business degrees, Mr. Duffy worked for

nearly a decade for Per Mar Security & Research Corp. in Davenport, as Vice President.

Mr. Duffy is a member of the American and state bar associations of both Iowa and Illinois as

well as the Scott and Rock Island County Bar Associations.

He is an executive member of the American Academy of Estate Planning Attorneys. He is co-

author of the book Estate Planning Basics – A Crash Course in Safeguarding Your Legacy.

Also, the American Academy of Estate Planning Attorneys announced that Mr. Duffy was

honored with the Academy Fellow designation. The Fellow program recognizes Academy

Members who demonstrate advanced expertise and significant practical experience in the

estate planning, trust, tax planning, guardianship, probate and estate administration fields.

Duffy Law Office

Helping Families Preserve their Wealth

www.duffylawoffice.com

1840 E. 54th Street

Davenport, IA 52807


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What Is a Living Will?