Situations When You Need a Living Will

You likely want an advanced healthcare directive in any one or more of the following circumstances:

  • You suffer from Alzheimer’s, dementia, or another cognitive disability which affects your decision-making abilities
  • You get into an accident and end up paralyzed or in a coma
  • You have been on life support for an extended period of time with little chance of recovery

Without a living will, your loved ones may be forced to make difficult decisions. An advanced healthcare directive not only conveys your wishes, but it enables your agent to act with certainty, knowing they are doing exactly what you would want them to do.

Choosing an Agent

If you fail to name an agent, your medical decisions could be left to distant relatives, doctors, or even a judge.

Every state has its own requirements for who can and cannot be an agent. Your most important consideration should be whether your intended agent, and secondary agent, can be trusted to act in your best interest and execute your wishes. They don’t need to be a California resident, but they should be close enough to you—geographically and otherwise—to be present when they’re needed.

 

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.