What is a Living Will in Utah?
Living wills, also known as health care directives, are legal documents that allow you to state your preferences regarding your end-of-life medical care. While a last will and testament addresses how your property is distributed after death, a living will provides guidance to healthcare professionals and loved ones about your medical treatment preferences if you are unable to communicate them yourself. Below, our Utah estate planning attorney explains in further detail.
Benefits of Living Wills
A living will is an important component of any estate plan. Your living will will work alongside other estate planning documents such as your last will and testament, any trusts you have established, and your power of attorney. Like these estate planning tools, living wills have many benefits. These include:
- Reduce stress for loved ones: If you are incapacitated, it is also a very hard time for your family. If they have to make difficult decisions regarding your medical care, the situation will only become more stressful. A living will can take this burden off of their shoulders.
- Limit disputes: When you make your wishes known, it can limit the chance of disputes arising between your caregivers or family members.
- Comply with state law: Drafting a living will ensures that your preferences are legally recognized and will be enforced.
What to Include in a Living Will
There are many important provisions to include in a living will. These are as follows:
- Life-saving treatment: It is important to note the life-saving treatment you would like such as dialysis, feeding tubes, or artificial ventilation.
- Resuscitation orders: You should state whether you want emergency measures such as CPR if you are in cardiac arrest.
- Pain management: Outline your wishes for pain relief and palliative care.
- Tissue and organ donation: It is also a good idea to state your wishes regarding tissue and organ donation.
Requirements for Living Wills in Utah
Living wills are legal documents and so, they must meet certain requirements in order for them to be legally recognized and enforced. These requirements are as follows:
- You must sign the document while you have the mental capacity to do so.
- You must have one witness sign the document or you can have it notarized, depending on your situation.
- You should include your preference for the above provisions.
After creating your living will, it is important to give a copy to your appointed healthcare agent, your healthcare providers, and your loved ones.
Our Estate Planning Attorney in Utah Can Draft Your Living Will
At AGS Law, our Utah estate planning attorney understands the importance and sensitive nature of end-of-life decisions. Our seasoned attorney can help you navigate the process of drafting a living will that reflects your priorities and values. Call us today at 801-477-6144 pro chat with us online to request a consultation and to learn more about how we can help with your living will and other estate planning documents.
Source:
le.utah.gov/xcode/Title75A/Chapter3/C75A-3-P3_2024090120240501.pdf
