How to Get a Living Will and Power of Attorney
In life, unforeseen circumstances can arise at any time, making it crucial to have your affairs in order. One way to ensure that your wishes are respected and your loved ones are taken care of is by having a living will and power of attorney. This article will guide you through the process of obtaining these essential legal documents.
Understanding the Living Will
A living will, also known as an advance health care directive, is a legal document that outlines your healthcare preferences in the event that you are unable to communicate them. It allows you to specify the types of medical treatments you wish to receive or refuse, such as life-sustaining measures, resuscitation, and artificial feeding. By having a living will, you can have peace of mind knowing that your end-of-life wishes will be honored.
Steps to Obtain a Living Will
1. Research and Choose a Template: Begin by searching online for living will templates or consult with an attorney who can provide you with a custom document.
2. Fill Out the Form: Carefully complete the form, providing detailed information about your healthcare preferences and any specific instructions you want to include.
3. Review and Revise: Once the form is filled out, review it for accuracy and make any necessary revisions.
4. Sign and Witness: Sign the document in the presence of two witnesses who are not related to you or your healthcare provider. Some states may require notarization as well.
5. Store the Document: Keep the original living will in a safe and accessible place, such as a fireproof safe or a safe deposit box. Inform your family and healthcare providers of its location.
Understanding the Power of Attorney
A power of attorney (POA) is a legal document that grants someone the authority to make decisions on your behalf in the event that you become incapacitated. There are two types of POA: durable and non-durable. A durable POA remains in effect even if you become incapacitated, while a non-durable POA only applies while you are capable of making decisions.
Steps to Obtain a Power of Attorney
1. Choose an Agent: Select someone you trust to act as your agent, such as a family member, friend, or attorney.
2. Choose a Scope: Decide whether you want a general POA, which grants broad authority, or a limited POA, which allows the agent to make specific decisions.
3. Draft the Document: Use a POA template or consult with an attorney to draft the document, specifying the agent’s authority and the scope of their powers.
4. Sign and Witness: Sign the document in the presence of two witnesses who are not related to you or your agent. Some states may require notarization as well.
5. Store the Document: Keep the original POA in a safe and accessible place, and inform your agent and healthcare providers of its location.
Conclusion
Obtaining a living will and power of attorney is an important step in ensuring that your wishes are respected and your loved ones are taken care of in the event of your incapacity. By following these steps, you can have peace of mind knowing that your affairs are in order and that your end-of-life wishes will be honored.
