How to Make a Living Will for Guardianship
Creating a living will is an essential step in estate planning and ensures that your wishes are respected in the event of your incapacitation. A living will for guardianship specifies who you would like to make decisions on your behalf regarding your healthcare and personal affairs. Here’s a step-by-step guide on how to make a living will for guardianship.
1. Understand the Purpose of a Living Will for Guardianship
A living will for guardianship is a legal document that outlines your preferences for healthcare and personal decisions in case you become unable to make them yourself. This document is crucial because it allows you to appoint a guardian to make decisions on your behalf, ensuring that your wishes are honored even when you are unable to communicate them.
2. Gather Information
Before drafting your living will, gather important information about potential guardians. Consider individuals who are capable of making decisions, have a strong moral compass, and understand your values and wishes. Additionally, gather information about your healthcare providers and any specific treatments or procedures you would or would not want to undergo.
3. Choose Your Guardian
Select a guardian who you trust to make decisions on your behalf. This person should be someone who is willing and able to take on the responsibility of guardianship. It is advisable to discuss your wishes with the person you choose to ensure they are comfortable with the role.
4. Draft the Living Will
Start by drafting the living will using a word processor or legal document template. Include the following information:
– Your name and the date of the document.
– A statement indicating that you are of sound mind and capable of making decisions.
– A list of potential guardians and their contact information.
– Specific instructions regarding healthcare decisions, such as life-sustaining treatments, artificial feeding, and hydration.
– Personal affairs decisions, such as financial management, housing, and other lifestyle choices.
– A statement outlining your values and preferences to guide your guardian in making decisions on your behalf.
5. Review and Revise
Review the living will carefully and make any necessary revisions. It is crucial to ensure that the document accurately reflects your wishes and preferences. Consider consulting with an attorney or legal professional to ensure the document is legally binding and meets all state requirements.
6. Sign and Witness the Document
Once you are satisfied with the living will, sign it in the presence of two witnesses who are not potential guardians. The witnesses must be over the age of 18 and of sound mind. In some states, a notary public may also be required to notarize the document.
7. Store the Living Will Securely
Keep the living will in a secure location where it can be easily accessed by your guardian and healthcare providers. Consider giving a copy to your attorney, a trusted family member, or your healthcare provider.
8. Review and Update Regularly
As your life circumstances change, it is essential to review and update your living will accordingly. This may include changes in your guardian, healthcare preferences, or personal values. Regularly reviewing and updating the document ensures that it remains current and reflects your wishes.
In conclusion, creating a living will for guardianship is a crucial step in estate planning. By following these steps, you can ensure that your wishes are respected and that a trusted guardian is appointed to make decisions on your behalf in the event of your incapacitation.
