Living Wills in Montgomery County

A living will in Montgomery County is often referred to as a power of attorney for medical treatments, medical power of attorney, or healthcare power of attorney. It is a document that reflects a person’s wishes with respect to how they want their medical treatment to be administered when the individual no longer has the capacity to make decisions about their medical care. A detail-oriented wills lawyer can help you create a document that clearly outlines your wishes.

When Should a Person Begin Working on a Living Will?

A person can make a living will when they are able to make decisions with respect to who they are appointing to serve as their healthcare agent. People often prepare these documents when they are seeking a medical procedure, surgery, or are having a baby, or another medical situation that carries a certain amount of risk.

There is no specific time that someone should create a living will. However, earlier is better. To have these documents in place before an emergency or medical situation that would necessitate the need for such a document can help avoid issues.

Understanding Healthcare Proxies

A healthcare proxy is a document giving a healthcare agent the authority to make decisions regarding medical treatment and procedures for an incapacitated person. It is similar to an advance directive or a living will, but it is specifically nominating people to serve on a person’s behalf in the event of their incapacity.

The Role of a Living Will

The role of a living will is to make sure that the individual’s wishes are complete and comprehensive. It makes sure their affairs are in order and their wishes are expressed clearly in the event that they are incapacitated.

However, putting aside the issues of the funeral and burial, a living will is not valid once the person dies. Whoever was nominated in the last will and testament to serve as personal representative makes decisions regarding the person’s estate following their death.

Circumstances Where a Montgomery County Will May be Revoked

A living will becomes active when the person is unable to make decisions for themselves unless the document states otherwise. However, if the document is not validly executed or was subsequently revoked after being signed, it may not be honored. An attorney can further explain when a living will is active and valid.

It is important to note that a person can revoke a living will at any time. If somebody wants to execute a new living will because they want to name different people as a proxy, change their wishes for their medical treatment, or have different plans for their funeral incorporated into the will, they may want to revoke the will.

Discuss Living Wills in Montgomery County with an Attorney

Living wills in Montgomery County can help individuals express their wishes in the event they become incapacitated. Therefore, they can play a crucial role. To learn more about living wills and whether creating a living will is right for you, call today to speak with a knowledgeable attorney.