How to Get a Living Will (And Not Become the Next Terri Schiavo)

A living will is a legal document that allows you to state your wishes ahead of time about what type of medical treatments you do and do not want, as well as whether or not you want life-prolonging procedures performed on you. This document will go into effect if you can't communicate your wishes in regards to your healthcare decisions because you are otherwise incapacitated.

Everyone should get a living will, so that there's no question what your wishes are. You can get one very easily, and do so for under $30.00. There are different statutes for each state regarding what has to go on them, but you can obtain the form from any doctor, a hospital or a medical clinic. You can also get the forms from sites such as LegalZoom.com and US Legal Forms. After you get the paperwork and fill it out the way you like, you'll have to sign it in the presence of two witnesses. None of these people should be someone who would benefit financially from your death, or be a healthcare provider.

In the event that you move to another state, likely there are going to be different statues which regulate living wills. Chances are your living will would be honored, but it's best not to take that chance and get another state-specific living will created if you permanently move to another state.

You can also grant what's called a durable power of attorney (DPA) to someone if you are incapacitated or mentally incompetent and cannot express your wishes. This will enable the person you grant the DPA to, usually your spouse, the ability to make healthcare, financial, and legal decisions on your behalf. The person offering the durable power of attorney to someone else has to be mentally competent when they sign the DPA, otherwise it is not valid and will not hold up in court.

You can have your spouse, a close friend, or another relative serve as your attorney-in-fact if you are incapacitated. The person doesn't have to be an attorney, and if you have no one that you want to be your attorney-in-fact, there are a number of non-profits which will serve this role for you. Remember, that your attorney-in-fact will have broad authority over your life if you become incapacitated, so you want someone you trust with your life to fill this role.

In order to get a durable power of attorney created, it's usually better to have a lawyer draft one up that will meet your needs. They can specify what type of power you want to grant to your attorney-in-fact and best meet your specific needs. There are pre-created legal forms which you can get from sites such as Legal Zoom, but they're rather broad and don't take into account your specific situation.

Getting a living will is an absolute must. It's just as important as your regular will, if not more so. You don't want the state or doctor's that you don't know deciding how your life is going to be handled in the event that you're incapacitated, so make your wishes known ahead of time.