If you are caring for aging parents or grandparents, you may be wondering if it is time to discuss writing a living will with your loved ones. The subject is often emotional and can be difficult to bring up in casual conversation. The best time to discuss the future is when everyone is healthy, perhaps as retirement approaches or shortly thereafter.
A living will gives people the opportunity to record their desires about medical care if they become incapacitated due to illness or injury. The document becomes their voice and ensures personal wishes are known when they can no longer speak for themselves. It is important to record these wishes before mental acuity starts failing.
The first step is to write down instructions for family and medical providers. Then consult a professional attorney with elder law experience. A legal expert can help you put the information in a legally binding document that the courts will recognize as valid.
In order to protect your rights, consulting with a Massachusetts estate planning attorney is advisable. Massachusetts is one of only three states that do not have specific living will legislation. However, the court may still consider the contents if a lawsuit is filed regarding medical treatment.
Today is a good day to start the conversation. Contact the law offices of Adam Tobin, Elder Law Attorney, for more information about living wills and elder law matters.