Thursday, November 19, 2015

Facing The Difficult Task Of Making Living Wills (part 1 of 2)

Preparing living wills is not an idea that is readily welcomed by a lot of people. In fact, most folks would even dread facing this task. However, there is something that could somehow alleviate the unpleasantness in the whole situation.

It usually comes in the form of a living will kit, which can provide guidance and assistance in the drafting of a living will minus the distasteful feeling of admitting the possibility of becoming ill to the point of incapacity.

A living will, which is also called an "advance directive", is actually a legal document that declares a person's preferences regarding long-term medical care at the time when he or she is no longer capable of autonomous decision-making. Living wills also come in two varieties: general and statutory.

The general living will asserts a personal wish without being consistent with any accepted standard. In contrast, the statutory will is a lawful form that coincides with the requirements of a particular state law concerning living wills.

Because of the legal implications of making a living will, it is highly recommended to draw up one while you're still well and healthy. A lot of web sites on the Internet in fact offer information about this matter. You may even download free templates for living wills if you want to perform a run through. Just make sure that you seek for professional advice when you actually draft the final one.

The Basic Prerequisites

Since a living will is also considered a personal document, the contents may vary on a case-to-case basis. However, there are essential prerequisites that render it legal.

* Legal competence of the maker/owner of the living will should be established.

* The document should be signed by the maker/owner and two authenticate witnesses. In case the owner/maker is incapable to sign, he or she may ask a representative to do so. The witnesses should also be of legal age (18 years old and over). Also, the representative should not be any of the two observers.

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