When it comes to estate planning, understanding the terminology is crucial. A living will, often referred to as an advance healthcare directive, is a legal document that outlines your healthcare preferences should you become unable to make those decisions yourself. It's important to remember that a living will is different from a last will and testament, which handles the distribution of your assets after your death. A living will is also not a living trust, a tool used for managing your assets during your lifetime and beyond.
Living Will vs Power of Attorney
A living will and a Power of Attorney (POA) serve different but equally vital roles in a comprehensive estate plan. A living will deals specifically with healthcare decisions, laying out what kind of medical treatment you'd want or not want if you're unable to express your wishes.
A POA, on the other hand, allows you to designate a trusted individual (known as an agent) to make decisions on your behalf. This can include financial decisions, healthcare decisions, or both, depending on the type of POA you establish. It's crucial to have both a living will and a POA as they complement each other and ensure your wishes are respected in various scenarios.
Examples of a Living Will
A living will can cover a wide range of healthcare decisions. For instance, you may include instructions on:
- Life-prolonging treatments: You can state whether you want treatments that don't cure you but can keep you alive longer, such as ventilators or feeding tubes.
- Pain management: You can specify your preference for receiving or not receiving pain medication.
- Do Not Resuscitate (DNR) orders: You can express your preference about whether or not to be resuscitated if your heart or breathing stops.
- Organ and tissue donations: You can express your wish to donate your organs and tissues after death.
A living will becomes a key component of your overall estate plan, providing guidance to your family and healthcare providers about your medical treatment preferences.
Cost of a Living Will
The cost of creating a living will in Texas can vary depending on the method you choose. If you decide to hire an attorney, costs can range from $200 to $500, depending on the complexity of your situation and the attorney's rates.
However, there are more cost-effective options available. Online platforms like Snug offer an easy and affordable way to create a legally valid living will. With Snug, you can create a living will for a fraction of what it would cost to hire an attorney.
When Does a Living Will Go Into Effect?
A living will comes into effect when you are unable to make your own healthcare decisions. This usually happens when you are incapacitated due to an illness or injury. While a living will spells out your treatment preferences, a Medical POA appoints a person to make healthcare decisions on your behalf. These two documents often work together in an estate plan.
Hiring an Attorney to Make a Living Will
While it's possible to create a living will on your own, hiring an attorney can be beneficial, particularly if your healthcare wishes are complex. An attorney can provide legal advice tailored to your situation and ensure the document meets all the legal requirements in Texas.
However, hiring an attorney comes with additional costs. If you are comfortable creating a living will on your own and your healthcare wishes are straightforward, online solutions like Snug can provide a cost-effective alternative. Snug offers an easy-to-use platform to create a living will that meets Texas's legal requirements.
Notarizing Living Wills
In Texas, your living will must be notarized to be legally valid. The notary public verifies your identity and ensures that you are signing the document willingly and without coercion. Notary fees in Texas are set by the state and can range from $5 to $10 per signature.
Witnessing a Living Will
In addition to notarization, Texas law requires two adult witnesses for a living will. These witnesses must be present when you sign the document. It's important to note that the witnesses cannot be related to you by blood or marriage, entitled to any part of your estate, or directly financially responsible for your healthcare.
Creating a living will is a significant step in safeguarding your healthcare wishes and providing guidance to your loved ones. Whether you choose to use an attorney or an online platform like Snug, it's essential to create this document as part of your comprehensive estate plan.