Most of us don’t like to dwell on the uncertainties of the future, especially when they involve our health. But if the past few years have taught us anything, it’s that life can change in an instant. That’s why creating advance directives, including a living will and healthcare proxy, is one of the most thoughtful and protective steps you can take for yourself and your family.

What Is a Living Will?

What Is a Living Will?

A living will is a legal document that outlines your medical treatment preferences if you’re ill or injured but have no way to tell your doctors and nurses how you want to be treated. It’s not about being pessimistic, it’s about being prepared.

Your living will can address:

• Whether you want to be placed on life support
• Your wishes around artificial nutrition and hydration
• Pain management and comfort care preferences

What Is a Healthcare Proxy?

What Is a Healthcare Proxy?

Often paired with a living will, a Healthcare Power of Attorney (sometimes called a medical proxy) lets you appoint someone you trust to make medical decisions on your behalf. This person becomes your advocate if you’re unable to speak for yourself.

Why Advance Directives Matter

1. You Stay in Control
Without a living will or healthcare proxy, decisions may default to hospital policy or fall to loved ones who aren’t sure what you would have wanted. Advance directives ensure your voice is heard, even if you can’t speak.

2. You Prevent Family Disputes
In high-stress situations, even close families can begin to argue. An Advance Directive is a written instruction that provides clear guidance, preventing confusion and emotional conflict.

3. You Make Life Easier for Your Loved Ones
By naming a healthcare proxy and documenting your desires, you help your loved ones know how to proceed and can eliminate guessing, or feeling responsible, for difficult decisions.

4. You Complete Your Estate Plan
Estate planning isn’t just about wills and wealth; it’s also about dignity, choice, and peace of mind. Your living will and healthcare proxy work hand-in-hand with your power of attorney, last will and testament, and any trusts you’ve established.

5. It’s Easier Than You Think
With the help of an experienced estate planning attorney, creating advance directives is a simple process, yet one that carries significant weight.

When Should You Create a Living Will?

If you’re over the age of 18, the answer is: now. You don’t need to be sick or elderly to put plans in place. Life doesn’t always wait for the “right” time; creating a living will before a crisis ensures your choices are respected.

A living will isn’t just legal paperwork; it’s a powerful act of care. It protects your voice. It spares your family from painful guesswork and it gives everyone involved a sense of clarity and confidence in uncertain times.

If you’re ready to take this important step, our team is here to help. At Lambariello Smith & Speed, LLC, we guide clients across New Jersey, New York, and Pennsylvania in crafting living wills and advance directives that reflect their values, wishes, and legal rights. Request a consultation today to start the conversation and take one step closer to peace of mind.

FAQs

1. Who should create a living will or healthcare proxy?

Anyone over the age of 18 should consider creating these documents. You don’t have to be elderly or ill; unexpected medical situations can happen at any time.

2. Is creating an advance directive difficult?

Not at all. With the assistance of an experienced estate planning attorney, the process is straightforward and can be completed with confidence and clarity.

3. Do advance directives replace a last will and testament?

No. A living will and healthcare proxy address healthcare decisions while you are alive, while a last will and testament covers the distribution of assets after you pass away. Together, along with a power of attorney, they form a comprehensive estate plan.

4. Can I change my advance directives later?

Yes. You can update or revoke your living will and healthcare proxy at any time, as long as you are mentally capable of making those decisions.

5. What happens if I don’t have a living will or healthcare proxy?

Medical decisions may default to hospital policy or fall to family members who may not know your preferences, potentially causing confusion or conflict.