Gulf Coast Family

The Importance of Having a Will and a Living Will

If I were to ask you if you love your parents, I am sure you would say "yes". Parents, if I were to ask you if you love your children, again I am confident that you would say the same. Given the love that you have for your families, I want to spend a few moments examining a few simple documents each of us need to have in place in case the "worst were to happen."

In the spring of 2005, right here in Pinellas County, an American woman named Terri Schiavo, became the center of a national and global debate concerning how we should care for those who have not made their wishes known. As a result of the Schiavo debate, thousands of Americans began to realize the importance of having a current will, living will, and power of attorney in place. However despite all of the publicity, a recent survey of Americans over the age of 22 indicates that less than 25% of Americans have directives in place for their families to follow in the event a serious illness or injury were to affect them.

Many of us do not like to think about the possibility of being in a coma or a vegetative state, let alone the thought of dying. Yet avoidance to these issues could cost you and your families dearly, a cost that can be avoided with the help of some simple planning. Three essential documents that each of us need to have in place are a living will, a will and a power of attorney.

Living Wills

In life today, there are many things that are out of your control, but something that should not be out of your control is how you want to be treated if you ever become seriously ill. A living will very simply is a document that formalizes an individual's wishes regarding the medical care that is to be used or withheld if he or she becomes incapacitated or unable to make his/her own decisions. In the case of Terri Schiavo, if she had written down her wishes in a living will before becoming severely brain damaged, there would not have been any question by the courts or others about whether to keep her alive or let her starve to death.

Last Will and Testament

A will is a written directive controlling the disposition of property at death and the laws of each state set the formal requirements for a legal will. Here in the state of Florida, there are many requirements that are not dictated by other states. So if you do not have a will in place, you have just moved to Florida, or you have not updated your will in some time, we would advise you to locate a good practicing lawyer who can help you prepare your document properly and help you avoid innumerable pitfalls.

Power of Attorney

A power of attorney is a legal document delegating authority from one person to another. In the document, the maker of the power of attorney grants the right to act on the maker's behalf. What authority is granted depends on the specific language of the document and the person giving the power of attorney may make it very broad or may limit it to certain specific acts.

In closing, ask yourself: "How can I ensure that my wishes are honored if something happens to me?" Take time to talk with family members and let them know your wishes regarding how you want to be treated if you become incapacitated. Then formalize those wishes and directives. You should also consult with an attorney for assistance in developing a will and a power of attorney to help protect and distribute your assets in accordance with your wishes. Do not leave the decisions and choices up to the courts and people who do not know you or your wishes!

Living Will Seminars is a local organization that provides detailed information on living wills, the importance of living wills, and much more. If you have not yet established a living will or other important end of life documents, they would be a great place to start.

Common Life Planning Mistakes

1. Not keeping records up-to-date and current
2. Not sharing the location of vital records/documents
3. Letting emotions rule your decisions
4. Not getting legal affairs in order (e.g. property titles)
5. Naming inexperienced or irresponsible executors
6. Waiting too late to begin the planning process.

R Beck