A living will in Berkley, Michigan, sometimes referred to as a "healthcare directive" is a legal document instructing those concerned (family, doctors, etc.) on how you want to be treated if you become unable to make your wishes known due to physical or mental incapacity.
This can be very valuable in avoiding disputes between family members who otherwise might not know what your wishes on this subject are.
For example, some people don't want to be kept on life support if they are in a vegetative state with no considerable chance of recovery. Others, however, might prefer to be kept alive as long as humanly possible. Another person's wishes might be something in between. In any case, if the family doesn't know what their loved one's wishes are, they may have to guess, which could lead to them making a decision that the patient would never have wanted.
If a person's preferences aren't known by his or her family, they might have to make an educated guess. Of course, with limited information, it's completely possible for 2 family members to come to two completely different conclusions, with no way of knowing which one is correct. Making your wishes known in advance can help you avoid all this.
How to Create A Living Will in Berkley, Michigan
Of course, your loved ones should be immersed in the process. They can't make these choices 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 executed, the process will probably be easier.
You should then go about drafting the will. This should almost always be done with the assistance of a Berkley, Michigan attorney who specializes in these matters.
In most states, a living will must follow all the protocols as testamentary wills (wills that dictate what is to be done with a person's property after their death).
While these protocols vary by state, there are a few elements that are quite common. For instance, in most states, wills have to be witnessed and signed by at least 2 people who have no direct stake in it. It's also important to avoid any disputes or confusion as to whether or not a particular document was intended to be a will. A clear statement to that effect should be the first paragraph in any type of will.
Do I Need A Berkley, Michigan Living Will Attorney?
The help of a brilliant Berkley, Michigan 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.