Living Will

Living Wills are used in combination with Health Care Powers of Attorney.

Living Wills: A Living Will is a legal document that a person uses to make known his or her wishes regarding life sustaining procedures. Unlike a Health Care Power of Attorney, a Living Will does not name an agent to make health care decisions. It merely states whether you desire a natural death or life sustaining procedures if you are terminally ill, in a permanent coma, suffer from severe dementia or are in a persistent vegetative states. A Living Will should not be confused with a Living Trust, which is a mechanism for holding and distributing a person's assets to avoid probate.

A Living Will does not become effective unless you are incapacitated; until then you'll be able to say what you do or don't want. Moreover, a Living Will can be changed verbally as long as you are mentally competent at the time of the declaration.

Health Care Powers of Attorney: Also called Medical Power of Attorney or Advanced Directive, this document allows someone else to make health care decisions for you if you cannot. It also lets you control, at least to some degree, the health care you'll receive when you're unable to do so directly. For example, most Health Care Powers of Attorney state whether or not you desire life sustaining procedures if you are terminally ill, in a permanent coma, suffering from severe dementia or are in a persistent vegetative state.

Due to concern about conflicts of interest, your medical provider and its employees cannot be named as an agent.

Why do I need both a Living Will and a Health Care Power of Attorney? In North Carolina, if you have a guardianship hearing and the court, for some reason, deems you need a guardian, the Health Care Power of Attorney can be declared void – the Living Will cannot. Therefore, if you do not have a Living Will and your Health Care Power of Attorney has been declared void by the Court, you have nothing that says you do or do not want life sustaining procedures.

Please contact us or submit your case for review on our Case Review Page
to discuss your Living Will and Health Care Power of Attorney.