Con

“Yes, folks. A living will is a bad idea. But what is a living will? Many clients and prospective clients call my office to ask about or to hire me to draft a ‘living will.’ I think that this is a term many latch onto and assume this is what you want. Not quite the story. A living will is technically a merger of a Will (or commonly known as Last Will and Testament) and a Power of Attorney for Health Care. An ordinary will is just that: Ordinary. It sets up the stage for your last wishes such as who the executor is, what is left to whom, and what to do if someone in your Will predeceases you…

With a Living Will, since it has health care provisions, you have to … wait for it … share it with doctors, nurses, hospitals, specialists, staff, etc. Actually, you don’t know who will see it or have access to it. Think about that for a second. You are giving copies of your Will to strangers. Why would you do that? Who would ever advise you that is a good idea?

Okay, if you have a Will and a Power of Attorney as separate documents, you only have to share the POA while keeping your Will completely secret and your privacy secured. You cannot do that with a Living Will. Privacy is just one issue to consider, but it is enough that I refuse to draft these things for anyone who might call or email me.”

Oct. 25, 2015