A living will in Windom, Minnesota, 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.
A living will can be indispensable to avoiding disagreements between family members who otherwise might not be cognizant of your preferences on this subject. Most people, of course, want to honor the wishes of a loved one. Nonetheless, if they don't know what that person would have wanted, disagreements can happen.
For example, some people would not want to be kept on life support if they are terminally ill, and have no good chance at recovery. Others might want to be kept alive as long as medically feasible. If your family doesn't know what you would prefer, they might have to guess. Obviously, this can lead to severe disagreements, contemplating 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.).
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 prevent all this.
How to Create A Living Will in Windom, Minnesota
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 advice of a Windom, Minnesota 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 typical. For example, in most states, wills have to be witnessed and signed by at least 2 people who have no direct share in it. It's also essential 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 Windom, Minnesota Living Will Attorney?
While not strictly necessary, a seasoned estate-planning lawyer in Windom, Minnesota 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.