A Living Will - Keeping Your Life in Your Own Hands

Posted on: Saturday, 10 May 2008, 15:00 CDT

Death might never be a desired topic of conversation -- but its importance to you and your family is something that might hold grounds for conversation.

One of the biggest economic and human rights decisions you can make in your life is deciding what will legally happen to your body in the event you become incapacitated.

In the U.S., the two most common ways of creating a legal decision in a tragic circumstance are by either creating a living will -- handing your care to a spouse/ relative -- or creating a power of attorney document -- which avoids decisions made by a guardian and chooses a specifi c caregiver.

According to the Annals of Internal Medicine, only 20 percent of Americans have living wills, even though an overwhelming majority favors having them.

"Everyone over the age of 18 should have one," said Sarah Crane, a business-planning attorney from Pensacola. "It's a very important document."

According to Crane, a living will favors those who are married or with family while a power of attorney is better suited for those who are single.

"The laws vary by state," she said. "Usually with my clients we will do a last will and testament to determine where payments go (creditors, property etc.)."

Crane said forms are available from the Florida Bar Association, but one should consult with an expert when setting one up.

The National Hospice and Palliative Care Organization recommends a document called "Five Wishes", which describes such things as how you want to be treated and what you want your loved ones to know.

"(Five Wishes) is a popular and easy to use living will from the non-profi t Aging with Dignity," said NHPCC representative Jim Felts.

The document is currently legal in 40 states, including Florida, and is being provided by many employers.

Felts said his organization's policies vary from state to state and location, but all recommend planning ahead.

"We provide information to patients and families from our site and we recommended that everyone of legal age complete a living will or advance directives meeting their state's requirements."


Source: The Walton Sun (Santa Rosa Beach, Fla.)

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