Information on Living Wills in Bel Air MD

by | Sep 5, 2015 | Lawyers

Despite the name, Living Wills in Bel Air MD are nothing like wills that clients use to control property inheritance after their death. Living wills are also called advance directives, and these documents let people outline their wishes for medical care received at the end of life, in the event they cannot make their wishes known. Living wills have no power after the writer’s death.

Creating a Living Will

A living will’s requirements vary by location, and many hire Attorney Michael S. Birch to help in the drafting of the will. Most people can create these documents, along with other estate planning paperwork, within hours. If a person needs to update or write a trust or will, they can make a living will at the same time.

How a Living Will Works

Most states have advance directive forms, which allow residents to state wishes in detail. For instance, many ask for palliative care, but they ask that extraordinary measures not be administered in life-threatening situations. For validity, living wills must fulfill state requirements on witnesses and notarization. Documents can go into effect as they are signed, or when it is found that a person can no longer make their wishes known.

Healthcare Power of Attorney

A living will is often combined with a paper referred to as a DPOA, or durable power of attorney for healthcare purposes. Durable powers of attorney appoint a person to carry out someone’s wishes on end-of-life healthcare, as written in the living will. The administrator is called a healthcare proxy or agent of the person making the durable power of attorney.

A Living Will After Death

Authority given by Living Wills in Bel Air MD ceases when the writer of the document passes away, with one exception. Some powers of attorney and living wills give the agent the right to make decisions on autopsy or organ donation. However, these decisions must be made immediately after death, and the authority is short-lived. It bears mentioning that this is in stark contrast to a conventional last will, which has no effects while the will’s maker is alive, but only takes effect after death.

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