Massachusetts Living Will Attorneys
The infamous Terry Schiavo case put a spotlight on a sad scenario that plays out every day in hospitals and health care facilities across America. If you were dying, or in a coma and unable to communicate, would your doctors and loved ones know your wishes?
An advance health care directive, commonly known as a “living will”, provides guidance to family members and medical professionals regarding extraordinary life support measures and end-of-life care. The estate planning lawyers of Cushing & Dolan, P.C., can help you clearly express your wishes so that they are respected and loved ones do not have to make heart-wrenching decisions.
We provide estate planning services in the Greater Boston area, throughout Massachusetts, New Hampshire and beyond, including preparation of living wills. Contact us today to arrange a free consultation.
Your Living Will
Our attorneys will help you declare what measures you do or do not want under various scenarios such as persistent vegetative state (brain death), coma, cardiac arrest, congestive heart failure or the advanced stages of cancer.
An advance health care directive is not a yes-or-no proposition. For example, you may want some “heroic measures,” such as resuscitation and blood transfusions, but not others, such as intubation or intravenous sustenance. You might want to be kept alive indefinitely, or you might want to be “let go” if one or more qualified doctors conclude you will not recover consciousness.
Your living will can also address such topics as hospitalization versus home care, delivery of pain medications, and whom you do or do not want present at the time of your impending death. Typically, we also encourage clients to appoint one or more health care agents who can make medical decisions if you become mentally or physically incapacitated.
Frequently Asked Questions About Living Wills
A living will can be a valuable document to leave to your family, and it is natural to have some questions about how this process works.
Is a living will legally binding in Massachusetts, and how does it interact with a health care proxy?
Technically, no, a living will is not legally binding under Massachusetts law. In many states, it would be, but Massachusetts is one of the few states where this is not the case.
That does not mean that a living will is not important. If you have certain wishes regarding your future health care options, this document can help you express them to your family. That may help reduce the odds of a dispute and provide them with guidance. Many family members struggle to make health care decisions because they have to determine what their elderly relative would have wanted. With a living will, you can clearly tell them what you want so that they can take the appropriate steps when necessary.
However, since the document is not legally binding, they are not necessarily required to follow the instructions. Ideally, they will want to uphold your wishes, but it is still an important distinction to make.
A health care proxy, on the other hand, allows you to choose an agent who will make your health care decisions if you become incapacitated. This is legally binding.
What happens if my wishes in a living will conflict with what my health care agent or family wants?
One issue that can sometimes come up is when there is conflict between a living will and what family members want or what a health care agent believes would be the best option. If there is a dispute, the health care proxy will take precedence. Your agent can make a decision that they believe is in your best interests, even if it is technically in conflict with the living will.
Can I update or revoke my living will, and how should I notify my loved ones and doctors of my changes?
Yes, you can update or revoke certain portions of your estate plan as your needs and circumstances change. You may have written a living will saying that you do not want to be kept on life support, but you have now reconsidered that position due to changes in medical technology or your health condition.
Be sure to inform those who are involved, such as by giving copies of the new documents to your health care provider or having a conversation with your loved ones and showing them how you have updated the documentation.
Contact Us Today
If you find these issues uncomfortable to discuss or decide, imagine how hard it would be for your spouse or children. Our experienced and compassionate attorneys are skilled at gently raising the topic and explaining the multitude of options to ensure that your health care directive is clear and covers all the bases. Call 888-759-5109 or e-mail us to arrange a consultation at one of our eight convenient office locations.