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Living Wills- The Questions to Think About

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Today on Tulsa Estate Planning Blog, we will discuss what a living will is, and what medical scenarios it will cover. Let’s get started.

A living will is a legal document which allows a person to make known his/her wishes regarding life-prolonging medical treatments. Living wills are also referred to as advance directives, health care directives, or a physician’s directives. A living will is not a living trust, which is a trust for holding and distributing a person’s assets to avoid probate. It is very important to include a living will in your estate planning documents since it informs your health care providers, as well as your family, of your desires for medical treatment in the event you are not able to make those decisions yourself – like if you were in a coma. Living wills and other advance directives are not only for older adults. Unexpected end-of-life situations can and do occur at any age, so it’s important for all adults to get estate planning, including an advance directive, completed.

Sometimes, clients are surprised on the amount of situations that are included in a living will. A lot of the the questions take some thought and personal reflection to decide on what you would want to happen in the specific given situation. Skillern Law Firm’s living will covers three situations as well as other end-life options.

The first situation that you need to consider is situations where the physician has given you a diagnosis of an terminal, incurable and irreversible condition that will result in death within six (6) months, even when administered life-sustaining treatment. These include fatal cancers, tumors, or any other disease or scenario where you are giving a very short time to live. Your brain can be fully functional, but your body could be in a very poor condition. After considering this question, you would have to choose whether you would want (1) both life-sustaining treatment and artificiality administered food or water, (2) neither treatment nor artificially given food or water (3) only artificially given food and water, but no treatment. You are also allowed to provide your own specific instructions.

The second situation is when you are in a persistently unconscious state that is irreversible, and where the physicians believe you to be unaware and brain dead. So, essentially, you are in a persistent vegetative state. The same three options are applicable to this situation as well.

The third situation is when you are in an end-stage condition which could have been caused by injury, disease, or illness, and the condition results in severe and permanent deterioration indicated by incompetency and complete physical dependency for which treatment of the irreversible condition would be medically ineffective. In this situation, your body is so deteriorated in condition that you cannot stand, feed, or do anything for yourself. The three same situations are above. Your mind may be functional here, but your body is not.

These are tough situations, and that is why a living will is so essential. Will your wife, brother, or parents be able to handle one of these scenarios rationally, or do they even know what would be your wishes in these situations? Most people would say no. Living wills really help make sure that you are guaranteed your desired medical treatments in these situations.

Skillern Law Firm, PLLC living wills also include an area where you are able to choose if you will be an organ donor, what organs or body parts you want to donate, and for which purpose you would want to donate for (surgery, transplant, science, etc). If you need a living will done today (which you probably do!), contact Skillern Law Firm now!

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2 Comments

  1. […] you  to make your end-of-life wishes known. See our previous post about those specific situations here. This document is inexpensive, easy to execute, and could save you and your family money, emotional […]

  2. […] Living Wills, or Advanced Directives, are also very important to have in your estate plan. If you have been to the hospital recently, you have probably been asked if you have one when you checked in. An Advanced Directive is a document that sets out your wishes for end-of-life choices and care. Oklahoma allows you to set our your end-of-life health care choices for three scenarios. Read about those here. […]

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