What is a living will?

A living will is slightly different from your last will and testament. This particular type of will is designed for those who are receiving medical treatment or will in the future, and want to be able to express their desires regarding treatment when they are no longer able to speak for themselves. This is often referred to as an “advanced directive” and usually dictates that an individual does not consent to artificial life support when dying/after an operation/when involved in an accident and so on.

The living will is usually signed in duplicate and at least two witnesses are required. It is important to ensure you let your doctors and family members know of this particular will and where to find it in the event of something happening to you. It is vitally important to have one of these wills in place if you want your loved ones and health care providers to be advised of your wishes when it comes to life prolonging medical treatment.

Setup a living will – New Jersey residents

In New Jersey, you can actually download a form called an “Instructive Directive” from the State of New Jersey Department of Health’s Website. You will see a variety of sections that need to be completed and it is strongly recommended you make use of a lawyer to assist you with completing each section correctly and with enough detail. Alternatively your lawyer can draw up all the paperwork involved for you.

Of course the requirements for a living will are different in each state, which is why it is vitally important to have a lawyer involved in the drawing up of the will. Most elder law legal practices will include a living will as part of their estate planning package, much the same as we do at SCC Legal.

Take the time to discuss your legal needs and requirements with us at SCC Legal and we will insure you are assisted every step of the way.

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