by Raymond Bilodeau

Created on: October 25, 2008   Last Updated: October 30, 2008

Living Will

A living will, also known as a health care proxy, is a document granting someone the right to make medical decisions if you are not able to make your own decisions. That is, you are comatose, in a permanent vegetative state or otherwise deemed incompetent. The living will can specify your wishes with regard to keeping your body alive by artificial means, resuscitating you if your heart stops, treating possibly fatal illnesses that are easily treated, being given pain medication in amounts that might cause death but are needed to alleviate the pain and similar issues. All of these presume that you are unable to decide for yourself and that the inability is permanent and irreversible.

The person you designate, the health care agent, should know what your wishes are and be willing and able to carry out your wishes. If that person becomes unavailable, having named an alternate in the living will or proxy is a good idea.

You should make sure that your doctor has a copy of the original. In some states, like Massachusetts, the proxy has to be accepted or approved by your physician. You should keep it in a safe place where it will be found in the event it is needed. The designated agent should have at least a copy, if not an original.

It is best to develop a health care proxy or living will with the help of a lawyer familiar with your state's laws regarding them. There are forms available online and in stores, but they cannot answer your questions or let you know about recent changes in the law in your state. Be careful if you use a health care proxy or living will offered by a hospital or other health care provider, or if the document designates a hospital-connected person as the agent.

You should be sure to include a provision that nominates your health care agent as guardian (in some states, guardian of the person) in the even the hospital or doctor goes to court to challenge your agent's decision or authority.

Living trust

A living trust, or inter vivos trust as it is still known to older lawyers, is a way of separating ownership and distribution of assets from you personally. There are several different reasons for doing, and the reason will determine what form of living trust you want to have.

Living trust to avoid probate

Avoiding probate of your estate after your death is helpful only if you have a large estate, live in a state with a long or expensive probate process, or want the distribution of your assets to remain private. The rule of thumb for determining

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