
In the event that an individual becomes so incapacitated by an accident or illness that they are unable to communicate health care decisions for themselves, a living will provides instructions to the family and doctor for how the injured would like to be cared for in life or death medical situations. In most cases, living wills come into effect when a person is declared brain dead, comatose, or is so gravely ill that they cannot make their wishes known. For assistance drafting a living will, please don’t hesitate to contact our Sussex County estate planning lawyers today.
What Is a Living Will and Why Do You Need One?
A living will, also known as an advance directive, is a legal document that allows you to outline your preferences for medical treatment should you become incapacitated and unable to communicate your wishes. By putting your instructions in writing, you protect yourself and your loved ones from the emotional and legal burden of making difficult health care decisions on your behalf. Whether you wish to refuse certain life-prolonging measures or want every effort made to sustain your life, a living will ensures your voice is heard, even if you cannot speak.
What Can You Include in a Living Will?
A living will can be customized to reflect your specific values and health care preferences. Common provisions include:
- Resuscitation instructions: Whether or not you wish to receive CPR if your heart stops beating.
- Mechanical ventilation: Your preferences regarding the use of machines to help you breathe.
- Tube feeding: Guidance on whether you would want nutrition or hydration delivered through a feeding tube if you are unable to eat or drink.
- Pain management: Requests for comfort care or pain relief, even if such care may hasten the end of life.
- Organ and tissue donation: Whether you wish to donate your organs or tissues after death.
How Does a Living Will Work in New Jersey?
In New Jersey, a living will becomes effective once two physicians determine that you are permanently unconscious, in a terminal condition, or otherwise unable to make informed decisions about your medical care. At that point, your doctors and health care proxy (if you’ve appointed one) must follow the instructions you’ve outlined in your living will. Without such a document, these decisions could fall to family members, who may not know or agree on what you would have wanted.
Living Will vs. Health Care Proxy: What’s the Difference?
A living will is sometimes confused with a health care proxy, but the two serve different purposes. A living will sets forth specific instructions about your medical care, while a health care proxy–or medical power of attorney–appoints someone to make health care decisions on your behalf if you cannot do so. Ideally, these documents work together to provide comprehensive protection, giving both clear guidance and a trusted decision-maker authority to act in your best interest.
Contact Our Living Will Lawyers in New Jersey Today
Let our estate planning attorneys in New Jersey help you and your family achieve peace of mind through the creation of a living will. Contact Gruber, Colabella, Thompson, Hiben & Montella today and schedule a free initial consultation with one of our estate planning attorneys.
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