Living Wills

Living Wills in Utah

A Utah living will is an advance healthcare directive. It is a kind of estate planning document that helps you carry out your medical care wishes should you be incapacitated or unable to decide for yourself. This can happen when you become terminally ill, unconscious, in a state of coma, require life support, become mentally incapacitated, or other similar circumstances. Having a living will helps you prepare for these unexpected things and ensure that you get the best healthcare that fits your choices.

If you still do not have one, better think again. Having an advance medical directive is your legal right! If you want to be in charge of your own medical treatment and end of life care, then you should consider getting one as soon as you are able. Utah Child Custody can help you accomplish that smoothly and as soon as possible. You may appoint or designate a loved one as your health care proxy, or use a health care power of attorney to make sure that the advance directive form you will fill out will be followed to the letter. You can make certain decisions such as whether or not you will be administered life support, and whether or not you want a do-not-resuscitate (DNR) order.

Are Living Wills Permanent?

If what’s stopping you from getting this important document is your uncertainty on healthcare decisions, then know that living wills are revocable. You can amend a living will anytime unless you pass away or there is a contract saying that your will cannot be revised or revoked.

A living will ends when you die unless it expressly states that the power to make decisions for the decedent (for instance, about organ donation or autopsy) remains. Living wills are only effective inter vivos, which means “between living persons” unlike a last will and testament which takes effect when the person is deceased.

Planning on Getting a Living Will in Utah?

To make a living will, you will need to fulfill the following requirements:

  • The person you appoint to make end-of-life decisions for you should be 18 years old and above.
  • You need to sign your own living will and signing should be witnesses by at least two people of legal age.
  • The legal document should be dated.

Get Help from Estate Planning Attorneys

Although drafting a will can be done on your own, this is not advisable. Consulting an estate attorney helps avoid will contestations, or if there are complicating factors such as a decision to disinherit a spouse, heir, or successor. An estate planning lawyer will help you with the legal process and guide you in creating valid estate planning documents that will meet your intentions. If you need help in protecting your legal estate and your family, and you are wondering which estate planning tool is for you, Utah Child Custody is here to help. Our Utah estate planning attorney can create wills and trusts for you and develop an estate plan so you can rest assured that your last wills and wishes are carried out the way you want them to. Contact us and start planning your family’s future today!

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