In Wilmington, 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 Wilmington, 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 then need to actually draft your living will. This can be made much easier if you have an experienced Wilmington, Delaware attorney who practices health law or wills and trusts help you. Even though a simple living will is not terribly perplexing, having professional assistance is always advisable.
In most states, the requirements for holding a living will to be valid are the same as those necessary for an ordinary will, at least with respect to the formalities that must be followed.
While these procedures are not identical between individual states, there are some common similarities. For instance, both testamentary and living wills usually need to be witnessed and signed by 2 people who have no direct interest in your will.
Do I Need A Wilmington, Delaware Living Will Attorney?
While not strictly necessary, a reputable estate-planning lawyer in Wilmington, Delaware can be extremely helpful in the process of drafting a living will. An attorney will know the intricacies of local law, and will help you draft a document that, to the extent possible, will ensure that your wishes with respect to your own healthcare are followed.