In Dover, Delaware a living will, also recognized as a "healthcare directive" is a document which lays out directions for your family and your doctor regarding healthcare matters should you become so ill that you are unable to make or express such decisions.
This can be very valuable in avoiding disagreements between family members who otherwise might not know what your wishes on this subject are.
For example, many people would never want to be kept alive by artificial means if they are in a vegetative state with no chance of recovery. Some, on the other hand, might want to be kept alive indefinitely, because of the slight chance of a miraculous recovery. Obviously, this is a personal decision, and one choice is not "better" than the other. Nonetheless, there is no middle ground between the two. You likely want the peace of mind that comes with knowing that, if such a issue comes up, your wishes (whatever they are) will be honored.
This can lead to conflicts between loved ones, some of whom might want to keep the patient on life support, while others believe that he or she would not want to be kept alive in such a state. If the patient's wishes had been made clear beforehand in a legally-binding document, such infighting could be prevented.
How to Create A Living Will in Dover, Delaware
Before initiating the process, you should make your wishes extremely clear to your family. If your family is cognizant of your wishes well in advance, it will probably be much easier for them to accept the provisions in your living will, even if they don't agree with them.
The next step in the process is to really write the living will. While you might be able to draft a valid living will by yourself, to ensure that no problems come up after it's too late, you should obtain the counsel of a Dover, Delaware attorney who drafts wills.
In order to be given effect, particular formalities have to be followed when drafting a living will. Normally, the requirements are identical, or very similar to, the requirements for regular wills.
While these protocols vary by state, there are a few elements that are quite typical. For example, in most states, wills have to be witnessed and signed by at least 2 people who have no direct share in it. It's also necessary to avoid any disputes or confusion as to whether or not a particular document was intended to be a will. A clear statement to that effect should be the first paragraph in any type of will.
Do I Need A Dover, Delaware Living Will Attorney?
The assistance of a seasoned Dover, Delaware attorney is never a bad idea, even if it's not absolutely necessary. There are normally nuances in state and local law on this subject which laypersons will not be aware of, but with which an attorney will be intimately familiar.