A living will in Des Peres, Missouri, 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 serious 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.).
Furthermore, if family members have differing opinions of what the patient would want, this can give rise to infighting. Disagreements on such a painful subject can tear families apart. If the patient's wishes are made clear in advance, such arguments and disagreements are far less likely.
How to Create A Living Will in Des Peres, Missouri
Before initiating the process, you should make your wishes very clear to your family. If your family is cognizant 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.
You should then go about drafting the will. This should almost always be done with the advice of a Des Peres, Missouri attorney who specializes in these matters.
In order to be given effect, certain formalities have to be followed when drafting a living will. Usually, the requirements are identical, or very similar to, the requirements for regular wills.
While these formalities 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 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 Des Peres, Missouri Living Will Attorney?
The assistance of a reputable Des Peres, Missouri attorney is never a bad idea, even if it's not absolutely necessary. There are usually 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.