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Living Will

Living Will

A Living Will is vital in bringing out your end of life decisions. If at any point you’re unable to 
communicate your wishes or a doctor has diagnosed you as being incapable of doing so, a Living Will allows your family and physicians to make sure your own personal choices are being respected.

When to Use a Living Will:
  • You want to stipulate your needs so that it is more probable they will be carried out.
  • You are facing the prospect of operation or a hospitalization.
  • You want to make a comprehensive estate plan.
  • You have been diagnosed with a incurable illness.

The Difference Between a Living Will from a Power of Attorney:

A living will and a durable healthcare Power of Attorney allow you to choose someone you trust to make certain medical decisions on your behalf. You must be at least 18 to create either document or you must be of sound mind. That means no one is allowed to coerce you into making a living will or healthcare power of attorney.  The main difference between the two is that a living will is generally limited to deathbed concerns only, a durable power of attorney for healthcare covers all health care decisions. It lasts only as long as you are incapable of making decisions for yourself.
Since a living will generally covers very specific issues like “DNR” (or “do not resuscitate”), it may not deal with other important medical concerns you might have. For example, some people may want to refuse dialysis or blood transfusion, and those sorts of concerns can be directly articulated in a healthcare power of attorney. This is why it’s often a great idea to have both documents in your estate plan.

Who can be appointed to be Living Will agent?
In New Jersey, this person will have to be a legal adult, aged 18 or over, and this person will have to act in accordance with your wishes.  Make sure whoever you chose can carry put your wishes without putting their believe systems first.

Other estate planning documents you may need:
Last Will and Testament
Power of Attorney
Advance Healthcare Directive


Do you need a Living Will?  Contact us at (201) 880-5563.  . We are conveniently located in Hackensack NJ near the Bergen County Court House.

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