A living will in Swampscott, Massachusetts, occasionally referred to as a "healthcare directive" is a legal document instructing those concerned (family, doctors, etc.) on how you want to be viewed if you become unable to make your wishes known due to physical or mental incapacity.
This can be very valuable in avoiding disagreements between family members who otherwise might not know what your wishes on this subject are.
For instance, some people wish to be taken off of life support if they are in a permanent vegetative state, and their doctors believe that they have little to no chance of a meaningful recovery. Nonetheless, if this wish is not expressed in advance, it may be impossible to implement in the unfortunate event that it becomes relevant.
Furthermore, individual family members may not agree on what the patient would have wanted. Disagreements on this subject can be profound, and can cause irreversible damage to family relationships. But if the patient's wishes are made clear in advance, these fights can normally be avoided.
How to Create A Living Will in Swampscott, Massachusetts
Before you begin, you should make it extremely clear to your family members what your wishes on this subject are. If it ever becomes necessary to implement a living will, the process will likely be simpler if your family already understands what to expect.
You should then go about drafting the will. This should almost always be done with the guidance of a Swampscott, Massachusetts attorney who specializes in these matters.
In most states, the standards 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.
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 really 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 Swampscott, Massachusetts Living Will Attorney?
The assistance of a seasoned Swampscott, Massachusetts 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.