In Elsmere, Delaware a living will, also identified as a "healthcare directive" is a document which lays out instructions for your family and your doctor concerning healthcare matters should you become so ill that you are unable to make or express such decisions.
This can be very advantageous in avoiding disputes between family members who otherwise might not know what your wishes on this subject are.
For instance, 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. However, there is no middle ground between the two. You probably want the peace of mind that comes with knowing that, if such a matter comes up, your wishes (whatever they are) will be honored.
This can lead to fighting 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 avoided.
How to Create A Living Will in Elsmere, Delaware
Before starting the process, you should make your wishes quite clear to your family. If your family is aware 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 truly 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 pursue the counsel of a Elsmere, Delaware attorney who drafts wills.
In order to be given effect, specific formalities have to be followed when drafting a living will. Typically, the requirements are identical, or very similar to, the requirements for regular wills.
While these requirements are not identical between individual states, there are some common similarities. For example, both testamentary and living wills typically need to be witnessed and signed by 2 people who have no direct interest in your will.
Do I Need A Elsmere, Delaware Living Will Attorney?
While not absolutely necessary, a knowledgeable estates attorney in Elsmere, Delaware can be very helpful in drafting a living will. A lawyer will understand the intricacies of state and local law, and can craft a document around those laws, to ensure that your wishes are followed, to the extent possible.