At Kallio Law Firm, LLC in Prairieville, Louisiana, we are acutely aware of which documents are essential to estate planning. One that is critical, but often overlooked, is a living will. Also known as an advance directive, a living will is a legal document that allows you to outline your preferences for end-of-life medical care.
None of us knows the future. That’s why it is vital to have this document prepared and executed early on to ensure that your wishes are clearly stated in case an unexpected accident or medical event occurs that prevents you from articulating them.
Our distinguished founding attorney, Eric Kallio, is deeply committed to helping clients create a comprehensive estate plan that includes a living will. He is determined to ensure that their healthcare wishes are honored and their loved ones are spared the emotional and financial costs of tensions and potential disputes.
Purposes of a Living Will
A living will serves several purposes:
- Expressing Your Healthcare Preferences at the End of Your Life
It, accompanied by a proper health care mandate (power of attorney) allows you to specify the type of medical treatment (e.g. intubation, feeding tube) you want or do not want to receive if you become incapacitated and unable to communicate your wishes. - Relieving Burden on Family Members
By clearly outlining your end-of-life care preferences, you can lessen the burden on your family members from having to make difficult decisions on your behalf or arguing among themselves about what you would want in this situation. - Ensuring Quality of Life
You can address specific medical interventions, such as life support or artificial nutrition, and indicate under what circumstances you would want them withheld or withdrawn to maintain your dignity and quality of life.
Notably, a living will is used only if the patient is in an ongoing comatose state or is terminally ill, affecting only life-sustaining procedures. Having a living will provides the peace of mind that comes from having established autonomy, clarity, and family harmony during your final days.
Are Living Wills Legally Binding in Louisiana?
Yes, living wills are legally binding documents in Louisiana, as long as they meet the following criteria:
- Written, Not Spoken
A living will must be written and signed by you or someone authorized to sign on your behalf (e.g. your designated health care power of attorney or health care proxy). - Witnessed by Two Witnesses
A living will must be witnessed by two competent individuals who are not named as beneficiaries in your will or related to you by blood, marriage, or adoption. - Notarization
While not required, notarization of your living will can provide additional assurance of its validity.
Basic Components of a Living Will
A comprehensive living will typically includes the following components:
- Identification: your full name, address, and date of birth.
- Declaration of wishes: clear statements outlining your preferences for end-of-life medical care.
- Your signature and signatures of two witnesses who attest to your capacity and to the fact that you are signing this document voluntarily.
Services Kallio Law Provides for Clients
Creating a living will involves a number of steps, all of which Eric Kallio will help you take efficiently and effectively. Training and experience has given him the in-depth knowledge of Louisiana law and well-sharpened legal skills to:
Consult With You on All Aspects of Estate Planning
To ensure that your plan is customized to meet your particular goals and personal concerns.
Draft, Review, and Execute Your Living Will and All Other Necessary Foundational Documents
Including a last will and testament, trusts that will help you protect your assets and your loved ones, and a health care and financial mandate (Powers of attorney).
Store Copies of Your Living Will and Other Essential Documents
In order to keep these documents safe and be ready to supply them when necessary to your health care agent, family members, and healthcare providers.
Advise You About Estate Planning Legal Requirements and Implications of Your Decisions
Financially, legally, and emotionally,
Review and Update Your Estate Plan To Ensure It Remains Current
Both with your present circumstances and in compliance with all Louisiana current laws.
Can the Stipulations of a Living Will Be Challenged in Louisiana?
In Louisiana, the stipulations of a living will can be challenged under certain circumstances, such as:
- Lack of Capacity — If it can be proven that you were not of sound mind or lacked the capacity to make decisions at the time of signing the living will.
- Undue Influence —If there is evidence that someone exerted undue influence or coercion to manipulate your decisions.
Contact Eric Kallio Now To Protect Your Dignity and Your Quality of Life
At Kallio Law Firm, we support your right to autonomy when it comes to protecting your own health and maintaining harmony in your own family. Ensure both by contacting our office today. We are well-prepared to help you discuss the intricacies of living wills in Louisiana and to help prepare one customized to meet your particular needs.
