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Legal & Fiscal Advice

A blog specifically in mind of expats living in Spain, aimed to provide legal advice, guidance, and information on a wide range of issues affecting the expat community. All the latest information, from the best experts in the field!

Living WIlls - Peace of Mind
Monday, June 25, 2012 @ 1:06 PM

Though the necessities of a Will are now widely understood, many are still ignorant to the advantages of a Living Will. Living Wills are becoming more and more popular in this day and age, as people live longer lives, and medical treatments advance. A living will is a legal document that a person uses to make their wishes known regarding life prolonging medical treatments. It can also be referred to as an advance directive, health care directive, or a physician's directive. This should not be confused with a Living Trust, which is a mechanism for holding and distributing a person's assets to avoid probate.

Generally, a Living Will describes certain life prolonging treatments. You, the declarant, indicate which treatments you do or do not want applied to you in the event that you either suffer from a terminal illness, or are in a permanent vegetative state. It does not become effective unless you are incapacitated; and until such a point you are able to change and state what treatments you do or don't want. It is very important to have a Living Will as it informs your health care providers and your family about your opinions and desires for medical treatments in the event that you are unable to speak for yourself.

At clearly a very difficult time for your family, a Living Will can smooth the process and reassure your family that they are acting with your interests. You may also choose to designate a health care power of attorney or health care proxy, which gives someone of your choice the authority to make health care decisions for you in the event you are incapacitated. The person you designate is supposed to consider what you would want, so be sure to talk with them about it. It may be a difficult conversation, but you're asking someone to take on a great burden for you - letting him or her know what you want lessens that.

A living will does not become effective until certain certification is provided. Your doctor would be required to declare you as terminally ill, or permanently unconscious, this opinion would then need to be seconded by another doctor. This means that if you suffer a heart attack, for example, but otherwise do not have any terminal illness and are not permanently unconscious, a living will does not have any effect. You would still be resuscitated, even if you had a living will indicating that you don't want life prolonging procedures. A living will is only used when your ultimate recovery is hopeless.

Saying all of this, these documents will be on no good if no one knows about them. Though difficult, communication is essential with your family and loved ones about your wishes. Many people feel that creating a Will is depressing, and put it off until a tragedy triggers its need, and the consequential unnecessary stress. Advance planning need not be gloomy, but instead a stitch in time that allows you and your loved ones a sense of security and understanding. It is important to discuss the options over with your doctor and any person you wish to designate as your health care proxy. By talking about these subjects, you can better understand what you want and have your questions answered. Once you've decided what it is you do or don't want, you can make your wishes known, and maintain a peace of mind, knowing that they will be respected.

If you're interested in learning more about the possibilities of a Living Will contact us today by comunicaciones@lexland.es or +34952778899. After all, they say a stitch in time saves 9.

The Lexland Team



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