Living Will And Advance Directive Lawyer in Boston
Some people assume that estate planning is only important for wealthy families, but that’s not the case. Nearly anyone can benefit from making their wishes clear regarding potential health care decisions, end-of-life care, and the distribution of their estate.
At Jillise McDonough Estate Planning Law Firm, a living will and advance directive lawyer can help you communicate your medical treatment preferences in the event you are unable to make those decisions personally after becoming incapacitated. Learn more about the services an advance directive attorney from our firm can offer.
Overview of Living Wills and Advance Directives
A living will/advance directive lawyer works with you to create documents that help family members make critical decisions on your behalf.
An advance directive outlines your preferences for medical decisions if you’re incapacitated or in any way unable to make choices yourself. If you have fallen into a coma or otherwise can’t communicate during a medical crisis, the advance directive will guide your loved ones.
An advanced directive addresses all types of medical care. Along with an advanced directive, a lawyer will often advise you to appoint a medical power of attorney or healthcare proxy. With these documents, you can name a trusted person who will be able to make healthcare decisions for you if you’re incapacitated.
A living will is an advance directive designed to address very specific medical preferences. For example, it can state your wishes regarding the use of feeding tubes, resuscitation, breathing machines, and other forms of life-sustaining care. It ensures your wishes are respected regarding end-of-life care while also offering clarity to your loved ones and doctors.
With a living will, you can outline your wishes on palliative care, pain management, and organ or tissue donation. This type of will only applies if you become incapacitated and unable to personally dictate your wishes for care. Typical situations that might prompt the use of a living will include comas or any terminal state that could leave you mentally incapacitated or unable to communicate.
Living wills are not legally-binding documents in Massachusetts, but another type of advanced directive, called a health care proxy, is.
Health Care Proxy and Appointing a Health Care Agent
Living will attorneys can also help you create a health care proxy document. In this document, you’ll appoint someone to be in charge of decision-making on your behalf if you become incapacitated. This health care agent will be permitted to access your medical records and to accept or refuse treatments on your behalf.
Because this person can make decisions about life-sustaining treatment, your living will and advance directive lawyer in Boston will often recommend that you choose someone you can depend on, who understands your values, and who remains calm in a crisis.
The person you designate needs to be 18 or older. They should understand your wishes in a variety of medical situations. Close friends, family members, and spouses are typically the most suitable options.
It’s important to note that there are some restrictions in Massachusetts regarding the wishes of people who reside in certain types of facilities. If you are a resident or patient at a facility, you are not allowed to choose an employee of that facility to be your proxy unless they are related to you.
You cannot force someone to become your health care proxy. The proxy must be willing to accept the role, capable of making decisions, and able to advocate for your wishes.
Your proxy cannot be someone who could financially benefit from your passing, and they should not be someone with whom you have unresolved conflicts regarding your care. You can also opt to designate an alternate agent in the event the primary agent is unable to fulfill their duties.
Documenting Healthcare Wishes and Life-Sustaining Treatment Preferences
To document your health care wishes, especially any preferences regarding life-sustaining treatments, advance directive attorneys may advise you to create both advance directives and living wills.
Even if you have these documents in place, you should set aside time to talk to your loved ones about your wishes for end-of-life care. These conversations can help to prevent conflict and distress if they ever need to rely on your living will to make decisions.
Discuss your preferences with your loved ones and let them know exactly what you would like to have happen in a variety of situations. If you experience changes in your health, review your documents and ensure that everything is up to date. This should be an activity you do every year.
Give copies of the various documents that address your healthcare wishes to your doctor, hospital, and healthcare proxy. Keep other copies in easily accessible places. The copies of the document are legally as valid as the original.
Legal Status of Living Wills and Advance Directives in Massachusetts
Although each of these documents is important, Massachusetts law recognizes only health care proxy documents as legally binding. Living wills and advance directives cannot be used in court. Instead, a living will/advanced directive lawyer will often recommend creating these documents to provide assistance and guidance for your health care agent.
A legally binding health care proxy document requires two witnesses, neither of whom may be the designated agent.
Although you don’t need to have a lawyer to make this form legally binding, it’s always a good idea to have an experienced attorney read through the document. They may be able to clarify the language so there are no questions about your wishes.
Creating, Updating, and Integrating Advance Directives
To create an advanced directive, you will first need to choose an agent as a health care proxy. Advanced directive/living will attorneys assist clients in choosing the right person to function as an agent.
While there are templated proxy forms you can use, it’s always better to rely on personalized options that use the right language for your specific needs. For the form to be valid, you’ll need to sign it in front of witnesses.
You can attach a living will document to your health care proxy form to provide further instructions to your health care agent.
Advance directive attorneys recommend reviewing these documents at least once a year. You should also consider updating them if you are diagnosed with a serious illness or you are admitted to a hospital or nursing home.
When changes are needed, you must formally revoke your old documents and create new ones. It’s best to let your family know about the changes you make to avoid disputes or misunderstandings regarding your care. Your advance directive lawyer in Boston can also help you make these documents available to health care providers by incorporating them into your electronic health records, too.
Your lawyer will draft documents, such as advance directives, so family members can make decisions about medical care. Generally, these documents are integrated into an estate plan that also explains how your assets will be distributed after your death.
You can prevent significant confusion and stress by providing your loved ones with clear instructions.
Mistakes to Avoid When Creating an Advanced Directive
There are numerous mistakes a person can make when creating an advanced directive. Thankfully, having a skilled attorney on your side can help prevent many of these mistakes.
One common problem is using very vague language. A person could refer to “end-of-life care” without establishing what that means, for example, which could create confusion later on when their agent tries to act on their behalf. To prevent this issue, be as specific as possible about your preferences for CPR, feeding tubes, and other medical treatments.
Another problem is failing to choose the right agent for the task. You need to pick someone who will follow your instructions even when they’re under pressure. Don’t choose someone who tends to bend to the group’s preferences. Choosing your agent can be a difficult decision, but a trusted attorney can provide guidance along the way.
Don’t put off updating the paperwork. Review your documents at least once a year and make any necessary changes promptly. This is particularly important after major life events like marriage, divorce, or a serious medical diagnosis. Remember that preparing these directives is not a one-time task.
Don’t keep your wishes secret. Even if you have written an advanced directive, you should still clearly let your loved ones know about your preferences.
Ensure that all of your documentation is complete. It doesn’t do you any good if you create the directive and then hold off on signing it. If the advanced directive doesn’t have your signature, it won’t be legally binding.
As soon as you’ve completed your documents, find two appropriate individuals to serve as witnesses and sign them so that the documents are ready in the event you need them. If you’re not sure what other legal requirements you need to meet to ensure the document is valid, speak with your attorney.
Speak With Jillise McDonough Law Firm
Whether you’re concerned about your health or you’re simply looking ahead to the future, planning for your medical care is important. At Jillise McDonough Estate Planning Law Firm, we offer an array of estate planning services, including preparation of documents for advance directives and health care proxies.
To speak with an experienced living will attorney, contact us today to schedule a consultation.
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Frequently Asked Questions
Is a Living Will Legally Binding in Massachusetts?
No, a living will is not legally binding in Massachusetts. The only recognized related document in the state is the health care proxy form.
What Medical Decisions Can Be Included in a Living Will?
When creating an advance directive living will in Boston, we recommend adding any wishes you might have regarding cardiopulmonary resuscitation, mechanical ventilation, dialysis, antibiotics, tube feeding, hospice care, and organ donation.
Do I Need Witnesses or Notarization for These Documents in Massachusetts?
If you’re creating a health care proxy document, you will need two witnesses to sign it, but you do not need to have it notarized. For other kinds of advance directives, including living wills, witnesses are typically not required to sign anything because the documents are not legally binding.
When Does a Healthcare Proxy Take Effect?
A healthcare proxy takes effect when a medical professional states that you lack the capacity to make your own medical decisions.
How Often Should I Review My Advance Directive?
When you hire a living will lawyer in Boston, they will likely recommend that you review your advance directive at least once a year. If you become ill or face a major life change, take the time to review it again.
Can I Update My Living Will or Advance Directive?
Yes, you can update your living will or advance directive. In fact, you should always review and update these documents if your life changes in a substantial manner. Partner with an experienced attorney to update your documents.
Do I Need Both a Living Will and a Healthcare Proxy?
Not necessarily. Since a healthcare proxy document is legally binding in Massachusetts and a living will is not, the former will be more important in the event a conflict arises.
How Can Advance Directive Planning Avoid Family Conflicts?
By creating a clear end-of-life plan, you can let your loved ones know exactly what your wishes are. You’ll reduce their worry, eliminate guesswork, and prevent arguments by appointing a single person to make important medical decisions on your behalf.
How Do Health-Care Directives Coordinate With Other Planning Tools?
Health-care directives serve to provide medical guidance as part of a comprehensive estate plan. Typically, estate plans include several documents, such as a will, a financial power of attorney, and a revocable or irrevocable trust. Wealth transfer trust attorneys and tax minimization trust lawyers can work with you to choose which documents are right for your estate plan.
Can a Lawyer Help Me Choose a Successor Health-Care Agent?
Yes, an attorney can assist you in finding the right person to function as your agent.
