Most estate planning conversations focus on what happens to your property after you die. A different set of questions comes up much sooner for many families: what happens if you are seriously ill or injured and cannot speak for yourself? Who will make your medical decisions, and will they know what you would want? A living will and the related documents grouped under the term “advance directives” are designed to answer those questions in advance, while you are able to. This guide explains what these documents are, how they differ from a will, what they can address, and what to think about before you sign one.
Why Medical Wishes Deserve Their Own Planning
A will takes effect after death. A living will and other advance directives are meant to work during your lifetime, at a time when you cannot make or communicate your own medical choices. That can happen suddenly, after an accident or a stroke, or gradually, through an illness. Without clear written instructions, doctors and families may be left guessing, and loved ones who are already under stress can end up disagreeing about what you would have wanted. Putting your wishes in writing is one of the kindest things you can do for the people who care about you.
Living Will, Advance Directive: What the Terms Mean
People use these terms in different ways, and they are often treated as overlapping. In general, an advance directive is a broad term for a written document that records your wishes about medical care in case you cannot speak for yourself. A living will is commonly understood as a type of advance directive that states your preferences about life-sustaining treatment. As we note in our guide to the must-have estate documents for everyday Louisianans, an advance directive allows you to declare whether you want life-sustaining treatment. Louisiana law and forms may use their own terminology, such as “declaration,” so the exact wording on a document can vary.
What a Living Will Typically Addresses
A living will generally focuses on the treatments you would or would not want if you were in a serious condition and unable to decide for yourself. People often think about whether they would want machines to keep their breathing or heart going, whether they would want artificial nutrition and hydration, and how they feel about comfort-focused care that prioritizes relief from pain. The specific situations in which the document applies, and what it can say, depend on Louisiana law, so it is worth having a lawyer review the language rather than relying on a generic form.
Choosing Someone to Speak for You
Instructions can only cover so much, because no document can anticipate every medical situation. That is why many people also name a person to make health care decisions on their behalf. This is commonly known as a health care power of attorney. The person you choose can talk with doctors, understand your options, and make decisions that reflect your values when circumstances are not covered by your written instructions. Our article on how your estate plan can protect you if you become incapacitated discusses why this combination of written wishes and a trusted decision-maker is so useful. You may also see terms such as “mandate” in Louisiana documents, so ask your lawyer to explain how each document works.
A Health Care Power of Attorney Is Not the Same as a Financial One
It is easy to confuse the two. A health care power of attorney deals with medical decisions. A separate power of attorney can deal with money, property, and business matters. Many people need both, and the person you trust to make medical decisions is not always the same person you want handling your finances. Our estate planning services cover a range of documents, including those that address medical care preferences and those that address financial decisions.
Related Medical Orders You May Hear About
Beyond a living will, you may hear about other medical documents, such as do-not-resuscitate orders or physician-signed orders for people with serious illness. These are generally completed with a doctor and are tied to your current medical condition, while a living will is a document you prepare in advance as part of your planning. Because the rules and forms differ, ask your doctor and your attorney how these documents fit together in your situation, and do not assume that one replaces another.
Why Louisiana-Specific Documents Matter
Louisiana is a civil law state, and its legal rules differ from those in most of the country. A form downloaded online, or a document signed in another state, may not meet Louisiana’s requirements or may not be recognized the way you expect. There are also rules about how these documents must be signed, witnessed, or notarized, and those details should be confirmed rather than assumed. A document that is incomplete or signed incorrectly can create exactly the confusion it was supposed to prevent. As we explain in our article on end-of-life planning for Louisiana families, working with a Louisiana estate planning lawyer helps avoid these problems.
Who Should Have These Documents
These documents are not only for older adults or people with a diagnosis. Any adult can be involved in an accident or a sudden illness, and it is much easier to put wishes in writing while healthy. They become especially important after major life changes, such as marriage, divorce, the birth of a child, or a new diagnosis, and for people who are aging or managing a serious condition. Our article on what to do for your estate if you are facing unexpected health changes offers more on planning when health changes come on unexpectedly.
Questions to Think Through Before You Sign
Before meeting with a lawyer, it helps to reflect on your own values. What matters most to you if you were seriously ill: living as long as possible, or being comfortable and at home? Are there treatments you would want to try for a limited time? Who in your life understands your values and could handle the pressure of making hard decisions? Would that person be willing to serve, and are they comfortable speaking up with doctors? There are no right answers, only your answers, and the more clearly you can describe them, the better your documents can reflect them.
Talking With Your Family and Your Doctor
A document is much more useful when the people involved already understand what is in it. Share your wishes with the person you have named, with other close family members, and with your doctors. These conversations are not easy, and many families put them off. Our articles on talking to your family about your estate plan and on why adult children can struggle to address a parent’s end-of-life planning offer thoughts on starting the conversation.
Where to Keep Your Documents
Signing the document is only half the job. Make sure the people who may need it can find it quickly. Keep the original in a safe but accessible place, give copies to the person you have named and to close family members, and ask your doctor’s office and any hospital you use whether they will keep a copy in your records. A document locked in a safe deposit box that no one can open during an emergency may not do you much good.
Reviewing and Updating Your Wishes
Your wishes may change, and so may your circumstances. Review your documents after major life events, a change in health, or a change in the person you chose to speak for you. If you decide to change or cancel a document, follow the correct process so no one is left with conflicting instructions. A lawyer can help you update your documents so they work together with your will, trusts, and other planning. You can learn more about wills and how they fit with the rest of an estate plan.
What Can Happen Without These Documents
If you become unable to make decisions and have no written directions or named decision-maker, your family may face uncertainty about who has authority and what you would have wanted. In some situations, disagreements or court involvement can follow, which adds cost, delay, and stress during an already difficult time. Our article on how incapacity threatens your estate without proper planning explains how planning can reduce those risks.
Planning Ahead for Aging and Long-Term Care
Medical wishes are often one part of a larger conversation about aging, care, and independence. Our elder law services address areas like long-term care planning, and our article on why long-term care planning is important as people age explains how these pieces connect. Families in Bossier City may also be interested in our article on elder care trust planning in Bossier City.
Help With Living Wills and Advance Directives in Shreveport and Bossier City
Walter D. White, A Professional Law Corporation, helps individuals and families in Shreveport, Bossier City, and the surrounding area with estate planning, including documents that state medical wishes. You can learn more about Walter D. White before you reach out.