A living will in Commack, New York is sometimes called a "healthcare directive" or something similar. But whatever you call it, it's a legally-binding document which provides instructions for your family members as well as you doctors on how you want end-of-life medical care to be handled. It lets them know in advance what you want.
This can be very advantageous 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 substantial 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.
This can lead to fighting 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 Commack, New York
Before you begin, you should make it quite 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 knows what to expect.
You then need to actually draft your living will. This can be made much easier if you have an efficient Commack, New York attorney who practices health law or wills and trusts help you. Even though a simple living will is not terribly intricate, having professional assistance is always advisable.
In most states, a living will must follow all the procedures as testamentary wills (wills that dictate what is to be done with a person's property after their death).
While these procedures 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 critical 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 Commack, New York Living Will Attorney?
The help of a knowledgeable Commack, New York attorney is never a bad idea, even if it's not absolutely necessary. There are typically 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.