In Kahului, Hawaii a living will, also known 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.
A living will can be indispensable to avoiding disputes between family members who otherwise might not be aware of your preferences on this subject. Most people, of course, want to honor the wishes of a loved one. However, if they don't know what that person would have wanted, disagreements can occur.
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 situation comes up, your wishes (whatever they are) will be honored.
This can lead to arguments 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 Kahului, Hawaii
Of course, your loved ones should be involved in the process. They can't make these decisions for you, but they'll probably be more willing to accept your decisions if they feel that their voices were heard. In any event, if your family knows what to expect when your living will is implemented, the process will probably be easier.
The next step in the process is to actually 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 seek the counsel of a Kahului, Hawaii attorney who drafts wills.
Generally, living wills need to follow the same formalities as testamentary wills (wills that dictate how one's property is to be distributed after 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 particular document was intended to be a will).
Do I Need A Kahului, Hawaii Living Will Attorney?
While not absolutely necessary, a good estates attorney in Kahului, Hawaii 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 allowed.