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What you should include in your Living Will

June 22, 2024

A living will is an essential document that every individual should consider as part of their estate planning. It serves as a legal tool that outlines your preferences regarding medical treatment in situations where you may be unable to communicate those wishes yourself. By clearly defining your healthcare desires in a living will, you can ensure that your wishes are respected, reducing the burden on your loved ones during challenging times. Reha Goodwin Caras LLP can provide guidance in crafting a living will that reflects your personal values and legal needs.

Key Elements to Include in Your Living Will

1. Medical Treatment Preferences
   The most critical component of a living will is your detailed preferences for medical treatments. This section should cover various scenarios, such as whether you wish to receive life-sustaining treatments like mechanical ventilation, resuscitation, or artificial nutrition and hydration if you are in a terminal condition or permanently unconscious. These decisions are deeply personal, and it’s essential to think carefully about your values and beliefs when making them.
2. Pain Management and Comfort Care
   Your living will should also address how you would like pain management and comfort care to be handled. This includes specifying whether you prefer aggressive pain relief methods, even if they may hasten death, or if you have particular preferences for hospice or palliative care. Ensuring your comfort in a way that aligns with your values is a crucial aspect of end-of-life planning.
3. Organ and Tissue Donation
   Including your wishes regarding organ and tissue donation is another significant aspect of a living will. You can specify whether you want to donate your organs or tissues upon your death and, if so, which ones. This decision can provide clarity and relief to your loved ones and medical professionals during an emotionally charged time.
4. Appointment of a Healthcare Proxy
   While a living will is a powerful document, it may not cover every possible situation. Therefore, it’s advisable to appoint a healthcare proxy or durable power of attorney for healthcare. This person will have the authority to make medical decisions on your behalf if you are unable to do so. Choose someone you trust, who understands your values, and who is willing to advocate for your wishes.
5. Revocation and Updating Clauses
   Circumstances and personal preferences can change over time, so it’s essential to include provisions that allow you to revoke or update your living will as needed. This flexibility ensures that your living will remains relevant and reflects your current wishes.

Legal Requirements for a Living Will in Colorado

In Colorado, specific legal requirements must be met for a living will to be valid. According to state law, the document must be signed by you (the declarant) and two competent witnesses who are not related to you by blood, marriage, or adoption, and who do not stand to inherit from your estate. Additionally, you must be at least 18 years old and of sound mind when creating the living will. Consulting with estate planning attorneys in Littleton, CO is highly recommended to ensure that your living will complies with all legal requirements and accurately reflects your wishes.

Taking Control of Your Healthcare Future

Creating a living will is a proactive step in safeguarding your healthcare preferences and ensuring that your loved ones are not left to make difficult decisions on your behalf without guidance. It’s not just about medical decisions—it’s about peace of mind. Reha Goodwin Caras LLP, recognized for its strategic and creative legal representation, can assist you in drafting a living will that reflects your values and meets all legal requirements. Contact us today to schedule a consultation with one of our experienced CO estate planning attorneys and take control of your future healthcare decisions.

Ensuring Your Wishes Are Honored

A living will is more than just a document; it is a declaration of your autonomy and a critical part of your estate planning. By taking the time to clearly articulate your healthcare preferences, you protect your rights and provide guidance to those who may need to make decisions on your behalf. At Reha Goodwin Caras LLP, we are dedicated to helping our clients create comprehensive estate plans that reflect their wishes and provide peace of mind. Our firm has extensive experience in estate planning, and we understand the importance of addressing every detail. Our Littleton, CO estate planning attorneys are here to assist you. Contact us today to ensure your living will is tailored to your specific needs and legally sound.