A living will in St. James, Minnesota, 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.
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, some people would not want to be kept on life support if they are terminally ill, and have no reasonable chance at recovery. Others might want to be kept alive as long as medically allowed. If your family doesn't know what you would prefer, they might have to guess. Obviously, this can lead to severe disagreements, considering how emotional and final this decision is- there is no way to compromise between the two positions (a person can be kept on life support, or taken off of it; there isn't really any middle ground.).
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 St. James, Minnesota
Before starting the process, you should make your wishes extremely clear to your family. If your family is aware of your wishes well in advance, it will probably be much easier for them to accept the provisions in your living will, even if they don't agree with them.
The next step in the process is to really 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 obtain the counsel of a St. James, Minnesota attorney who drafts wills.
In order to be given effect, particular formalities have to be followed when drafting a living will. Normally, the requirements are identical, or very similar to, the requirements for regular wills.
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 necessary 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 St. James, Minnesota Living Will Attorney?
The help of a brilliant St. James, Minnesota 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.