What Is A Living Will? What Does A Living Will Do?
A living will specifies what healthcare decisions you want to be made in the event that you’re incapacitated.
Massachusetts is one of three states that doesn’t actually recognize the legal validity of living wills. While we do them, they are more of a letter of instructions to the healthcare proxy than a legal and binding document. Even when a living will exists, the health care proxy can make whatever decision they feel is best for the specific situation.
In general, a living will indicates whether or not you want to be maintained on life support if you’re ever in a coma or persistent vegetative state where you can only live on that life support. It can also include other instructions for your health care proxy to consider.
How Does A Living Will Differ From A Last Will And Testament And A Durable Power Of Attorney?
A living will differs from a last will and testament in that a living will deals with healthcare decisions while a last will and testament deals with your assets.
The durable power of attorney is where you name someone to make financial decisions on your behalf in the event that you’re unable to make them for yourself and a healthcare proxy names someone to make healthcare decisions for you in the event that you’re unable to make them for yourself. For more information on Living Will In A Massachusetts Estate Plan, an initial consultation is your next best step.