A living will in Delmar, 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 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 allowed. 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 judgment that the patient would never have wanted.
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 Delmar, New York
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.
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 Delmar, New York attorney who drafts wills.
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 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 Delmar, New York Living Will Attorney?
While not always necessary, a brilliant healthcare or wills attorney in Delmar, New York can make this process much easier. Lawyers, obviously, understand the law. Because of this, it is much easier for them to avoid the legal pitfalls that can make a living will unenforceable.