Living Wills: A Senior's Guide to Preparation

According to a 2024 AARP survey, a major concern for 63% of older adults is becoming a physical burden on family and friends near the end of their life. If this worries you too, there is a way to lessen your family's stress while giving them peace of mind.

Living wills allow individuals to outline their medical preferences if they become incapacitated. It's a document that can reduce the burden on loved ones while allowing you to maintain control.

A living will can minimize disagreements among family members. Knowing they are honoring your final wishes can also provide them with closure.

However, it is important to understand the requirements for this legally binding document. We provide a comprehensive guide to help you prepare yours.

Understanding Living Wills

The courts will recognize your living will once it follows state-specific requirements. Understanding its legal requirements helps ensure your family and healthcare providers honor your medical wishes. Once it's prepared correctly, they will be legally mandated to follow its directives.

What is a Living Will?

A living will is one of many legal documents included in estate planning. It outlines your healthcare preferences if you're incapacitated or unable to communicate your wishes.

Your loved ones and physicians simply need to follow your advance directives, which will clearly state whether you want life-sustaining treatments.

Why is a Living Will Important?

According to a Gallup survey, 45% of US adults have a living will. Why is it one of the more important legal documents for seniors? Because:

It allows you to stipulate your wishes regarding do-not-resuscitate (DNR) orders, the use of life support and other treatments
It gives family members and healthcare providers clear guidance
It helps prevent disagreements between the two parties
Along with clarity, it can provide your loved ones with closure

A living will can also cover pain management and organ donation.

Key Components of a Living Will

Your health can change unexpectedly, and the medical challenges you face can vary. It's important that your living will considers all possibilities. It should include the following key components:

Medical Treatment Preferences

Your living will should include your name, address, and date of birth and state the treatment options you want and don't want. These may include CPR, tube feeding, and mechanical ventilation.

Other medical treatment preferences you may want to consider are:

Memory care options
Type and level of intervention for pain management
Organ donation
End-of-life decisions regarding hospice, palliative, and other terminal care

Also, include a statement of intent declaring that the document reflects your wishes.

Choosing a Healthcare Proxy

Unfortunately, some living wills don't have this level of detail. However, specific treatment decisions are still possible if the document includes a healthcare proxy or medical power of attorney.

The person performing either of these roles should be someone you trust who can make healthcare decisions on your behalf. They should be aware of your wishes and capable of executing them.

Steps to Prepare a Living Will

End-of-life planning can evoke discomfort for some. Others may feel a sense of peace knowing they have control over the process. Regardless, the following steps ensure it effectively helps your family and doctors deal with unexpected medical challenges.

Research State Requirements

The laws governing living wills will vary depending on where you live, and it is essential to understand your state's legal requirements.

According to attorneys-at-law, Grafe & Batchelor, P.C., Missouri's living will requirements are stricter than in many other states. They must meet the following:

You must be legally competent
Your living will must be in writing and signed by you
Two witnesses, 18 or older, not related to you and not a beneficiary or financially responsible for your medical care, must sign
You will need to notarize the document if you're naming a healthcare agent
You must date the document

Your living will only takes effect if you're incapacitated or terminal. It does not become effective due to pregnancy.

Drafting the Document

You can find a do-it-yourself (DIY) template online to create your living will. However, in doing this, without legal advice or oversight, you could:

Limit your ability to customize it and fully personalize your wishes
Make errors that might invalidate it
Increase the risk of it being contested or disputed

Some templates may be unsuitable for more complex situations. Consulting an estate planning attorney could help with this. They can also ensure your living will covers your wishes and meet legal standards.

Reviewing and Updating the Living Will

You might have completed your estate planning years ago. Early planning is a great proactive step. However, it also means that some elements of your living will could become outdated.

Reassess it regularly, especially after significant life changes such as:

Aging milestones
Health diagnoses
Relationship changes

Doing this ensures it's relevant to your current circumstances and values.

Communicating Wishes to Family and Healthcare Providers

Are you thinking about including a healthcare proxy or power of attorney in your living will? If so, reach out to the person and gauge how they feel about having this responsibility. Once they agree, discuss your intentions with your proxies, family, and healthcare providers.

Communicating in this way will make your wishes explicit. All parties will also be aware that there's a legal document outlining your preferences.

Providing them with a copy will help them better understand the treatment options you've selected. It also increases the likelihood that they will act accordingly if necessary.

Peace of Mind as You Safeguard Your Wishes

Living wills can provide peace of mind. They allow you to control your medical treatment even if you're incapacitated. Your family members won't have to make critical healthcare decisions but will honor your wishes, including if you need memory care.

Addington Place of Lee's Summit's trained healthcare professionals create individual care plans for memory care residents to keep them cognitively and physically stimulated. You'll have a living space to call your own so you can maintain your independence while staying safe.