Like most people, you probably created a Last Will and Testament as the foundation of your estate plan. At some point, you may also want to add a Living Will to that plan to ensure that your wishes will be honored regarding end-of-life healthcare decisions. Toward that end, the Indianapolis estate planning attorneys at Frank & Kraft explain what an Indiana Living Will is and why you need one.
Advance Directive Basics
An advance directive is a legal document that allows you make end-of-life decisions now or to appoint someone to make healthcare decisions for you in case you are ever unable to make and/or communicate your wishes in the future. State law dictates which type of advance directives are recognized in a particular state. In the absence of an advance directive, you have no guarantee that your wishes will be honored nor who will make healthcare decisions for you. Not only can this lead to litigation that pits family members against each other, but it can result in your wishes not being honored and/or someone not of your choosing making decisions for you.
Indiana Declaration (Living Will)
The State of Indiana recognizes two types of advance directives. The first is the Appointment of a Health-Care Representative and Power of Attorney which allows you to name someone to make healthcare decisions for you, including decisions about life-sustaining treatment if you are unable to make decisions for yourself. The second is the Indiana Declaration which is Indiana’s version of a Living Will. This document lets you make important decisions regarding medical treatment, including end-of-life treatment, in case you develop a terminal condition that prevents you from being able to make those decisions in the future.
When Should I Create My First Living Will?
A Living Will is one of those estate planning tools that people often fail to execute because they are either unaware of the benefits of having a Living Will in place or because they are operating under the mistaken belief that they do not need one yet. The truth is that everyone should have a Living Will in place, without regard to age, wealth, or marital status. There are, however, some life events that should immediately prompt you to create your first Living Will if you have yet to do so, such as:
- Before a scheduled surgery. If you are scheduled to have surgery, that is an excellent time to create your Living Will and really think about the provisions in it just in case they are needed. As the adage goes “plan for the worst and hope for the best.” Most doctors and hospitals will ask you if you have one in place prior to surgery.
- When you become a parent. Life, or more specifically the importance of life, sometimes takes on heightened importance when you become pregnant, making it a good time to create your Living Will. Having a Living Will in place can also prevent your adult children from getting into a dispute about what decisions to make regarding your health care.
Remember to Update Your Living Will
You should take the time to conduct a routine review and revision of your entire estate plan every few years; however, certain events may prompt a more immediate update of your Living Will, such as:
- When your health changes significantly. If you are diagnosed with Alzheimer’s, for example, or another serious disease. Knowing that your Living Will might be needed is reason enough to review it while you are still able to do so to make sure it reflects your current wishes.
- When you reach retirement age. Our views on things tend to change as we age. Once you reach retirement age your views on medical treatments may also change, making it a good idea to review your existing Living Will.
- If your wishes change. Anything from a spiritual awakening to the death of a loved one may cause a shift in your wishes. If you suddenly feel differently about the issues addressed in your Living Will it is best to make the necessary changes immediately.
Contact Indianapolis Estate Planning Attorneys
For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about creating a Living Will, contact the experienced Indianapolis estate planning attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
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