Attorney at Law
Originally published in March 2006 edition of Smyrna-Vinings BrightSide News
Occasionally, a client tells me that they want a living will. Then the client starts speaking of personal items they want to give away and the people to whom they want to give it. Then, I stop them and say, “You are talking about a will. Not a living will.” Then they ask, “What’s the difference?” And I respond, “I’m glad you asked.”
I tell them that the will is a document that gives directions on how to give away all of your possessions to other people. The will speaks when you cannot. The goals of a will are to give away everything, to give it to the exact people you want – so there are no fights, and to do it in a way that puts more of your stuff in the hands of your loved ones and less in the hands of Uncle Sam.
The living will also gives directions and speaks when you cannot. The big difference is that the living will is used when you are still alive – hence, the name. A living will is a document that tells a doctor, hospital or caregiver how you want to be treated if you are very sick or injured and cannot communicate with others. A living will answers the question: How far do I want the healthcare provider to go to keep me alive? If you think of the Terry Schiavo case and know that she was kept alive for 15 years with a feeding tube, you may get some idea of how far healthcare can go.
The best and most comical example I have seen of a client trying to figure out how to complete his living will was on the TV sitcom Seinfeld. Kramer asks Elaine to go to his lawyer’s office to help him make decisions. The lawyer played by Ben Stein – who is an actual lawyer – asks Kramer questions about conditions under which Kramer would want to be taken off of life support. When asked one very tough question, Kramer nervously asks Elaine if he should “pull the plug.” Elaine happily answers: “Pull it like you’re starting a lawnmower!”
Though funny, Kramer’s nerves symbolize the very real discomfort some people feel when putting together a will or living will. But just ask those who have one. It’s not that bad and you’ll feel a lot better when it’s done.
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