In Smyrna, Delaware a living will, also known 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 helpful 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 situation comes up, your wishes (whatever they are) will be honored.
Furthermore, if family members have differing opinions of what the patient would want, this can give rise to infighting. Disagreements on such a painful subject can tear families apart. If the patient's wishes are made clear in advance, such arguments and disagreements are far less likely.
How to Create A Living Will in Smyrna, Delaware
First of all, you should consult with your spouse/life partner and members of your immediate family, to discuss your wishes in this matter. If the directives in your living will ever become necessary, the procedure will go much smoother for your loved ones if there are as few surprises as possible.
You should then actually draft the will. To be sure that it is valid, you should have the assistance of a Smyrna, Delaware attorney who specializes in wills.
In most states, a living will must follow all the formalities as testamentary wills (wills that dictate what is to be done with a person's property after their death).
In general, wills of any type (testamentary or living) have to be signed by 2 people who witnessed it being signed by the person who the will is for. They must also contain a clear provision saying what they actually are (so there can be no confusion as to whether or not a certain document was intended to be a will).
Do I Need A Smyrna, Delaware Living Will Attorney?
While not completely necessary, a reputable estates attorney in Smyrna, 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 permitted.