Living Wills

A living will is a legal document that explains your wishes for medical treatment if you become unable to communicate or make decisions for yourself. It typically covers end-of-life care choices, such as whether you want life support, resuscitation, or certain medical interventions. Unlike a last will (which distributes property after death), a living will guides doctors and family members while you are still alive but unable to speak for yourself.

No one wants to think of a day when someone else will have to make decisions for them, but for many people, particularly those lucky enough to grow old, that day may come. A fairly common attribute of aging is some form of dementia. Even for those who do not develop dementia, aging can bring physical infirmities that prevent a person from fully carrying out their daily tasks.

And it’s not just the old who are incapable of handling their own affairs. Any one of us can suffer a debilitating injury at any time. A car accident, a heart attack, a stroke—any of these types of events can cause the strongest among us to require the assistance of others.

Legally, if you are over the age of eighteen and if you cannot make decisions for yourself, no one else can make decisions for you, not your spouse, not your children, not your parents. Many people think their spouse or children can simply step in and make decisions for them, but this is not the case. No one else can make decisions for you, no one.

How can a eldercare lawyer help?

If you have failed to plan ahead by putting in place financial powers of attorney and advanced healthcare directives, then someone will have to become your legal guardian. To become a person’s legal guardian, the proposed guardian must retain the services of two doctors who must opine that the proposed ward cannot handle his affairs. Once the guardianship action is filed in the court, the court appoints a lawyer to represent the ward’s interest. In all, the guardianship will probably take three months to accomplish and will cost the ward’s estate around $5,000.

To have an elder law attorney draft a financial power of attorney and advanced healthcare directive drafted for you would cost you about $350. The difference between $5,000 and $350 is obvious. Furthermore, with a well-drafted financial power of attorney and advanced healthcare directive, the person you name to make decisions for you, called your agent, can make broader decisions for you than your guardian can.

The most important thing is that you have a power of attorney and advanced healthcare directive. Once you’ve made the wise decision to have these documents, an experience elder law attorney can ensure that the documents are drafted properly.

Choose an experienced NJ eldercare attorney. Choose John Callinan, Certified Elder Law Attorney.