Yes, to summarise. Long answer: Yes, for the reasons listed below.
Few of us want to forego another episode of Succession in favour of burdening our friends, siblings, or spouse with a conversation about what we would want to happen if we became incapacitated and unable to make decisions for ourselves after the kids are in bed and our Slack notifications have been turned off for the day. No? Is it just us?
Brian Walsh did just that while he was in his twenties. He was riding a motorbike at the time, and he was well aware of the dangers that this activity entailed. He also understood that if he were to have an accident, his wife would be stressed and distraught enough without having to guess whether he would want to be put on a ventilator if he couldn’t breathe on his own. So Walsh and his wife had this tense chat. They discussed his desires, and he was given a job.
Walsh, who is now a CFP at SoFi, an online personal financial platform (and, by the way, no longer a motorbike rider), advises individuals in their 20s, 30s, and 40s to make a living will and think of it as a present to their loved ones.
What is the definition of a living will?
A living will is a legal document that states your preferences in the event that you are unable to speak for yourself due to an accident or sickness. It might express how you feel about CPR, hydration, nourishment, and artificial respiration. A living will is not to be confused with a final will and testament, which is a legal document that specifies what you wish to happen after you die; a living will only apply to events that occur while you are alive. Living wills are not just for persons with chronic diseases or who are of senior age since they benefit you if you suffer an accident. According to the majority of experts, anybody above the age of 18 should have one.
Few of us want to forego another episode of Succession in favour of burdening our friends, siblings, or spouse with a conversation about what we would want to happen if we became incapacitated and unable to make decisions for ourselves after the kids are in bed and our Slack notifications have been turned off for the day. No? Is it just us?
Brian Walsh did just that while he was in his twenties. He was riding a motorbike at the time, and he was well aware of the dangers that this activity entailed. He also understood that if he were to have an accident, his wife would be stressed and distraught enough without having to guess whether he would want to be put on a ventilator if he couldn’t breathe on his own. So Walsh and his wife had this tense chat. They discussed his desires, and he was given a job.
While a living will specify your preferences, it does not always give another person the authority to act on your behalf. You’ll need a power of attorney for that. These two papers can be merged into an advanced health care directive in several jurisdictions. If you don’t have a living will and need anaesthesia, your hospital may ask you to sign a form that expressly asks if you want to be resuscitated if something goes wrong. Unlike a living will or power of attorney, which are valid until they are changed (more on that later), these directives are usually only valid for 30 days or for that specific hospital visit.
A living will provide the necessary information to the person you trust to make choices on your behalf. It can also help prevent fights between family members if they disagree on how to manage a crisis.
While such contracts are usually intended to last a long time, it’s important revisiting them to update your information if your circumstances change, such as if you marry or divorce, or if your sister, who was named as your power of attorney, moves across the country. It’s also a good idea to have a backup plan. If you name your spouse as a power of attorney and you both get into an accident, your brother may be the one to act on your behalf.
Making a livelihood will be a challenge.
Okay, you’ve made up your mind that you need a living will. You can have one drawn up by an attorney, and it might not be too expensive if you have other estate planning paperwork done at the same time, such as a will. However, you may obtain free and low-cost internet forms, and one of them, which you then sign and have notarized, may be enough.
Don’t just file your living will away in your desk drawer once you’ve completed it. It’s useless if no one knows it’s there or what it says. You should listen in on Walsh’s talk with his wife. The person you’re appointing to speak for you must understand your wishes, and the hospital should know who to contact in an emergency.
Specifics vary by state, as they do with most legal papers. There may be some differences in what needs to be provided or what cannot be included depending on where you reside. Living wills from other states are honoured in certain states, but not in others. Some states may have rules that make living will directions null and void when a woman is pregnant. Working with a local attorney is a smart option if you have state-specific issues.
“Many individuals overlook this preparation because death is a taboo subject in our culture,” Timothy Jordan, a professor of public health at The University of Toledo who lectures about death and dying, tells Health. “Some people believe that by filling out these forms, they are ‘jinxing’ themselves… As a result, many people just ignore death’s existence and never fulfil their advance instructions.”
