What to Ask Before Writing a Living Will

June 24, 2022

Do I Need a Living Will?

Yes, according to some experts. “Every single person should have a living will – as soon as you turn 18,” Kovar says. Injury or illness can happen at any time so it’s important to be prepared.

However, there are other options for preparing for these events. “I don’t typically do living wills for people,” Rubin says. He prefers to use health care proxies instead.

A health care proxy is a person you select to make medical decisions should you become incapacitated. While a living will spells out exactly what you would like to have happen in certain scenarios, a health care proxy – sometimes called a health care designee or health care power of attorney – is given the authority to make decisions as they see fit.

For this reason, it’s vital to choose a proxy carefully. For instance, a spouse may understand and implement your wishes, but a parent may be more inclined to try to keep a child alive at all costs, Rubin suggests.

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  • Related Practice Areas: Trusts & Estates
  • Featured Attorneys: Daniel S. Rubin
  • Publications: U.S. News & World Report