The name “living will” can be misleading. Many people think it has something to do with distributing their property—like a Last Will and Testament. But that’s not the case. A living will doesn’t decide who inherits your house, savings, or other assets. Instead, it’s all about your medical care—specifically, whether you’d want doctors to keep you on life support if there’s no hope of recovery.
Think of a living will as a “pull the plug” document. It gives your doctors guidance about your wishes if you can’t speak for yourself, and it relieves your family from having to make that heartbreaking decision. A living will is not legally required, nor is it the same as a healthcare power of attorney. If you’ve never thought about what would happen in a medical crisis, now is the perfect time to start.
What a Living Will Does
A living will is a type of advance directive that only takes effect under certain circumstances. Under North Carolina law, your doctors can follow the instructions in your living will if one of these situations applies:
- You have an incurable condition and are dying, regardless of treatment.
- You have advanced dementia with severe and irreversible brain damage.
- You are permanently unconscious with no chance of recovery.
Doctors can’t simply guess; they must carefully evaluate your condition, document their findings, and follow the law before taking any action. Importantly, this is not euthanasia or assisted suicide. It’s about allowing nature to take its course when medical intervention cannot change the outcome.
How a Living Will Differs from Other Medical Directives
A living will is different from a Do Not Resuscitate (DNR) order. A DNR is arranged directly with your doctor—not your lawyer—and tells emergency personnel not to restart your heart if it stops. A living will, on the other hand, only applies if you meet one of the three conditions mentioned above.
A living will also does not replace a healthcare power of attorney (POA). A healthcare POA lets you name someone to make medical decisions for you if you’re unable to. Some people prefer to rely on a healthcare agent’s judgment rather than specifying their wishes in a living will.
It’s also wise to consider a HIPAA release. This document allows your loved ones to access your medical information but does not let them make decisions on your behalf. It ensures they can stay informed without carrying the weight of making tough calls.
A living will is one tool in a comprehensive estate plan. It’s not required, but it can bring peace of mind to you and your family. Whether or not you decide to have one, it’s crucial to ensure you have the right legal documents in place so your wishes are respected.
If you live in Brunswick County and want to make sure your estate plan is thorough and effective, B. Joseph Causey, Jr., Attorney at Law is here to help. Contact us today to get started.