Creating a Living Will

Life can be very unpredictable, and most people can't anticipate the accidents and misfortunes that may befall them at any point in their lives. As Fairfax, VA estate planning attorneys, we recommend the establishment of a living will to all of our clients—regardless of age.

Unlike a will/testament, a living will establishes your instructions with regard to healthcare and other matters should you become incapacitated or otherwise unable to communicate. In Virginia, a living will may be activated in the event that you are terminally ill, or incapacitated and unlikely to recover.

What a living will accomplishes:

– It can help ensure that you aren't kept alive indefinitely when there is little or no chance of recovery. Many individuals would prefer to die with dignity and without causing their friends an extended period of mourning brought about by a protracted, inevitable death. A living will can help prevent this.

– It can transfer authority to a trusted individual who might otherwise be forced to make difficult decisions without your guidance. For instance, if a Fairfax man is incapacitated in a car accident in Arlington and is not expected to survive, the hospital may employ life-sustaining measures solely for the purpose of delaying death for a few days. The doctors may explain to his wife that he is not likely to recover and may ask her to decide whether or not to remove life support. If a living will exists, there will be little doubt as to what the husband would want if he were able to communicate his wishes to her.

Not every incapacitation leads to death. Sometimes an individual can be comatose or otherwise unable to speak, but long-term recovery is still a possibility. In these cases, a living will would not be activated. A healthcare proxy is an instrument that authorizes a trusted individual (spouse, child, parent, et cetera) to make medical decisions for you in the event that you're incapacitated, but are not terminally ill or without hope of recovery.

It's important to discuss powers of attorneys, living wills, and healthcare proxies with your family, friends, and anyone else who will assume a role in their execution. A Virginia estate planning attorney should be able to guide you through the process and to assist in making recommendations about these types of selections.