Living Will Attorneys in Cape Cod

Helping Provide Peace of Mind For You and Your Family

A Living Will is a type of advance directive document that spells out the type of medical care an individual wants and doesn’t want at the end of life or in the event they are unable to communicate their wishes. Under these circumstances, doctors can consult a patient’s living will to learn what his or her preferences are in terms of life-sustaining treatment such as life support, tube feeding, and other measures. Without a Living Will, such decisions will be left to a spouse, family member, or third party who may or may not enforce the patient’s wishes.

Our attorneys at the Law Offices of Boyd & Boyd have been helping families throughout Southern Massachusetts create clear and decisive legal plans since 1976. Call (508) 775-7800 or contact us online today to take the first step toward creating a Living Will.

Is a Living Will Necessary If I Already Have Appointed a Health Care Proxy?

With a Living Will, you are able to have an official written record of your wishes for medical treatment in life-threatening situations. This document will be consulted in the event you are incapacitated.

A Health Care Proxy appoints an agent to make decisions on your behalf. Some states do not allow an agent to speak on behalf of a patient, even if a health care proxy agreement has been signed. For that reason, many people choose to have a Living Will drafted out in addition to appointing a proxy.

Because requirements vary a lot by state, it is recommended you consult the rules for your state to find the correct format for your Living Will. Some states accept a more general form, while others require more detailed information. It is recommended that you have what is called an Advanced Directive, meaning both a Living Will and a Health Care Proxy, as you never know in which jurisdiction you might end up.

How is a Living Will Different From a Last Will and Testament?

Living wills and last wills deal with completely different things. A Last Will spells out what should happen to your property and assets when you pass away, detailing your wishes about how your estate should be distributed among beneficiaries.

A Living Will does not deal with any property matters; instead, it is a written official document detailing the type of medical care you wish to receive when you are dying or in a life-threatening situation without the ability to speak for yourself. With a Living Will, you can change your mind or cancel it at any time.

Does Having a Living Will Mean I Will Receive No Care?

No, it does not. This is a common misconception many people have. A Living Will spells out your choices for treatment and lets doctors know what you prefer them to do in case you are terminally ill, unconscious, or in a life-threatening situation. It does not exclude you from receiving care, it only describes the type of care you wish to receive, and the type of care you do not want to receive.

A doctor is not obligated to honor your living will if his or her personal, religious, or spiritual beliefs do not allow him/her to comply with your wishes, or in a scenario where that is the policy of the hospital or nursing home you are in. In this case, your doctor should help your family locate another doctor or facility that will honor your wishes.

How Do I Make a Living Will? Do I Need An Attorney?

A Living Will must be made in writing, and you will need two adult witnesses for it to be deemed valid. The witnesses must affirm that you are of sound mind and signing the will by your own choice. A health care provider or health care employee may not witness your living will, and you cannot witness your own will either.

An estate planning attorney is not required for you to make your living will. However, if you are unsure about your state’s rules and need assistance understanding certain aspects of writing your will, it is recommended that you seek the help of an attorneys helping provide peace of mind.

We understand it is hard for most people to think about death and dying, and making plans for such an event can be overwhelming. Our legal team is happy to walk you through each step and simplify the process for you, so you can enjoy life and have peace of mind knowing you have plans in place for your family and for yourself when the time comes.

At Boyd & Boyd, our legal team is well-versed in the areas of elder law and can assist you in drafting your advance directive documents, including your Living Will and Health Care Proxy.

Call (508) 775-7800 or complete an online form for a free initial estate planning consultation with one of our living will attorneys in Cape Cod.

Sara Waters

19:35 01 Nov 23

Keats is a wonderful lawyer and really knows his field. He and his staff have been delights to work with.

Pamela Gordon

11:18 19 Oct 23

We scheduled an appointment with Keats Boyd III after attending a free informational seminar which demonstrated his team’s depth of knowledge and experience in estate planning. Keats explained the law, risks and benefits of various estate plans for both our personal and business needs. No doubt, he was totally focused on our best interest. As we were preparing for an international trip, Keats and his team expeditiously prepared our documents before our departure. Everyone was extremely helpful during the entire process and we feel confident that we have a sensible and comprehensive estate plan. Highly recommend Boyd & Boyd.

Pam Hart

17:42 28 Sep 23

I went to a two hour seminar, whichI wish was all day. There was so much information. I was very impressed and am very excited to have my consultation.

Bob

19:51 09 Aug 23

Keats did a fantastic job in supporting our estate planning needs. They were immediately responsive and explained all we needed to know. Highly recommended.

Nelson Frew

23:35 06 Aug 23

We have worked with Keats for the last 18 years. He has helped us establish and understand the trusts we need to ensure the best for our sons, and has kept us updated and informed about the changing tax laws and guidelines. His complimentary review sessions have helped us to keep up to date as well. He has been kind, helpful, respectful, and, most importantly, completely knowledgeable about the changing estate planning world. We highly recommend him and his firm.

Elaine Gerlt

23:34 27 Jul 23

I first went to the three day seminar last year. I felt very overwhelmed and lost. After attending again this year, I feel much more confident in my trust decisions. Keats and Wendy have been very kind, supportive and caring during this difficult decision. I highly recommend Boyd & Boyd.

Tabetha Avtges

16:33 27 Jul 23

I just sat through 3 days of seminars Boyd & Boyd offers to help my parents. I was pleasantly surprised at the details Keats went into each day. Very thorough presentations. Took time to answer all questions. Highly recommend.

Edward Breen

19:14 25 Jul 23

Boyd & Boyd takes the time to walk you through the entire process of creating the trust that is best for you. They also have the ability to simply explain some very complicated issues- which gives you peace of mind.Their seminars are timely and very educational with regards to tax law and estate changes that have or about to take place. I highly recommend Boyd & Boyd.