Law Definition: Elder Law - Five Questions to Ask Your Lawyer ...

Have you considered drafting a living will? Are you aware of what a living will is, and how it differs from a traditional last will and testament? If you have suffered severe health problems in recent times, a doctor or family member may have suggested this to you. Basically a living will is designed to direct medical professionals to heed your wishes should you become physically incapacitated and reliant on feeding tubes and machines. If you plan to draft such a document, you will want to work with an attorney experienced in elder law.As a legal document, the living will dictates whether or not you wish to have medical treatments prolong your life in the event you become seriously ill. Without this in place, should you end up in a coma your family and others could end up arguing over what they perceive are your final wishes. The absence of a living will was perhaps most evident in the case of Terry Schiavo, a young Florida woman who lapsed into a vegetative state with no documentation guiding doctors about steps to take.

Her husband and parents fought each other for years until courts finally sided with her husband, who allow physicians to remove life support.If you do not wish to spend an indefinite amount of time strapped to machines if you are confident you cannot survive without assistance, your final instructions will go unheeded if you do not have the legal documentation ready. Contacting a lawyer specializing in elder law is the first step in drafting your living will - which differs from a last will in that the latter is designed to disperse your assets after your death. The living will lets doctors know if they should prolong your life.When meeting with a lawyer to discuss your living will, it's important to glean as much information as possible before you make it official. This is the paper that could one day determine your fate, so you should definitely give serious thought to what you want it to say. That said, you should be prepared to ask many questions of your attorney. Some may include:1) Will you also work to draft a last will and/or living trust? The living trust differs from a living will in that it is concerned with your legal and financial issues while you are incapacitated. The living will handles your medical and health issues.2) Will I be able to revoke the living will? Find out the procedure for revoking the stipulations in this legal document if you change your mind.3) Who should serve as Power of Attorney? Is it better to assign this to a relative or somebody outside the family? Your lawyer can consult with you on this.4) What happens if family or others protest the living will? Your lawyer can advise you on the legal ramifications involved if somebody tries to defy your wishes.5) How soon should I draft one? For some, it's never too soon, but your attorney can discuss everything that is involved for you.A living will is designed to make operations involving your final health care wishes smooth. Not having this document in hand can cause problems should you be unable to speak for yourself. If you know your good health is short, it's a good idea to discuss drafting a living will with a reputable elder law firm.

Source: http://wiloointaiwan.blogspot.com/2012/08/elder-law-five-questions-to-ask-your.html

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