Who has a living will?

[Jocko]

Just curious, after all the Schiavo talk elsewhere. The general sentiment seems to favor "death with dignity," but when the question of a living will to clarify - and enforce - these wishes is raised, there's a sudden silence.

So what's the deal? If you're comfortable with the idea of a DNR order, why not put it in writing? Surely it would expedite things and remove a lot of doubt and second-guessing for loved ones?

So would you want to die if left in a vegetative state? If so, do you have a proper living will (by which I mean a legal document, not a spouse's promise or somesuch)?

 

[Snide]

Pull the plug on me. Got the legal document to make sure it's done.

 

[Ed]

Both my Dr. and Lawyer made sure that I had one.

Hmmmmmmm..................

 

[Nyarlathotep]

I think that a lot of people don;t get such a document for the simple reason that they simply don't think to go get it done.

 

[BPSCG]

Mrs. BPSCG and I have been talking about doing that and a living trust and a regular will (you need to have all three if you want to avoid probate and avoid dying with tubes coming out of every opening in your body except for your ears) for about three years now. Once or twice a year we meet with our financial advisor and we roar off with great intentions and expectations and then...

That may well change this year. We were with my mom last month after my father died, and as it happened, she'd just gotten the latest version of Quicken and it came with Nolo's Willmaker. Well, she's already got all the above three things set up, so I asked her if she intended to use Willmaker. She isn't, so now we have it. Nice thing is, you can start whenever you want, leave it for a month, then pick up and not have to be wondering where you left off or be trying to meet your lawyer's deadlines to come up with documents and such. We'll get the whole thing done, then run it by our financial advisor.

Of course, if I croak before then...

 

[CBL4]

A more important question is who has a will? Unfortunately, I lack both. My wife and I talked with a lawyer about wills, living wills and trusts and decided to do something about it right away. That was last summer.

I really need to do something about because my estate is extremely complicated and I want some non-standard things done with it. I will get to it soon. Really, I will.

CBL

 

[Mr. Skinny]

I have a regular will, plus a living will.

BPSCG, why do I need a living trust? What exactly does it do for me?

 

[BPSCG]

I have a regular will, plus a living will.

BPSCG, why do I need a living trust? What exactly does it do for me?

It lets you (or your survivor) avoid probate. Truth in advertising disclaimer: I'm not a lawyer, and I don't understand this utterly completely, so this may not be 100% accurate.

If you and Mrs. Skinny own property separately from each other (bank accounts and such), if you die, it all goes to her, if that's what it says in your will. But first the will has to go through probate; you have to present the will to the probate court and file all kinds of papers and of course a lawyer will charge you through the nose to do all this for you.

If you establish a revocable living trust, you put all your property into the trust. You name the beneficiary of the trust as Mr. Skinny, to be administered by the trustee, also Mr. Skinny, for the benefit of Mr. Skinny. You also appoint a co-trustee (Mrs. Skinny), who basically signs something saying that whatever you do with your property is fine with her and you don't need her approval to sign checks and such. The trust stipulates that if you become unable to manage the trust, the co-trustee (Mrs. Skinny) is authorized to manage it.

You also name Mrs. Skinny as the substitute beneficiary (I'm not sure that's the correct term), so that when you croak, the substitue beneficiary becomes the beneficiary of the trust. In other words, she gets all your stuff when you croak, without having to go through the probate proceedings.

Mrs. BPSCG's father died about 1-1/2 years ago, and didn't have a revocable living trust. It took about a year and $5,000 to probate his will and get everything to my mother-in-law.

My father died last month. He had a revocable living trust and it looks like my mom's all done with the legal hassles.

So why do you need a will? In case you acquire property after the establishment of the trust, that isn't accounted for in the trust. But it's a simple will (called a "pourover will") that simply says any property not specifically mentioned in the living trust "pours over" into the trust on your death.

As I said, I may not have this completely straight, and it's my understanding that it's more important if you have a lot of separately-held property than if you're a couple of newlyweds fresh out of college. I suspect if you google "living trusts," you'll be able to get more complete and more accurate info.

 

[Lucky]

I said in the other thread:
how many of the intelligent, educated critical thinkers here have just vaguely thought ‘that’s a good idea’, and then done nothing about it? Do it. ASAP. This terrible case could be you; it could happen any time.

From Jocko in the other thread:
This isn't just a matter of conflicting stories. One side has the advantage of the lack of a living will, whereas the husband's would be similarly boosted if she DID have one. As it is, the onus is on Terri herself to speak on her own behalf through such a document. She didn't, in spite of her alleged wishes. Doesn't that say something as well?

It says that your wishes cannot be considered if you don’t put them in writing. It’s that simple. Most people of the age Terri was at the time of her irreversible brain damage have either never thought about the issue or put it to the back of their minds to be dealt with later.

Later could be too late.

I was gobsmacked at the casual responses: There’s no need to do anything about it because it will all work out. Leave the decision to the shocked, grief-stricken and probably irrational spouse (to be interfered with, anyway, by other relatives and the courts).

And this is a forum for critical thinkers ???!!!

True, it’s highly unlikely (though not impossible) that you will be kept alive in a PSV for years or decades. Very much more likely that it will be a choice of dying slowly, perhaps with great suffering, or quickly. But you may not be capable of making that choice at the time; that’s the reason for making it now.

Don’t know about the US, but In the UK there’s no need for a lawyer. You can buy a Living Will pack from VES for £15, and it’s legally binding.

 

[Hamradioguy]

Disclamer- I am not a lawyer. BUT, I believe in all jurisdictions you can do a will/living will without going thru a lawyer. You DO want to make sure you have 2-3 witnesses sign and that you date it. But a lawyer is highly recommended...and a must if you have a complicated estate, plan to disinherit some family member or such. Without legal assistance there is risk of a long drawn out probate process. (And without that Will there is a good chance that all those neat things you've accumulated over the years will go to someone who doesn't want...or derserve...them.)
It's pretty inexpensive for a basic one...and DO make sure you include a durable power of attorney, and advanced directives (critical these days). or the cost of a couple of nice meals out you will feel relief and comfort when it's done believe me. Absolutely no excuse not to do this for anyone- rich, poor, single, divorced, whatever.

 

[Jocko]

Funny, all the people who seemed to think they were just fine with a handshake have yet to vote. I hope none of them are in intensive care or anything...!

All kidding aside, I'm glad to see more attention paid to the document than all the hand-wringing over what happens when one high-profile case explodes for want of one.

Personally, I'd never have one. I've seen one go very, very wrong and it left a big impression on me. But I would support anyone who chose to have one, if for no other reason than it's an example of putting your money where your mouth is.

 

[Bruce]

I don't have any money, but they can pay off my school loans if they want to.

 

[TragicMonkey]

I don't have any money, but they can pay off my school loans if they want to.

Good news! If your loans are through Sallie Mae, they cancel them on your death and just take the loss. Pretty sweet deal. Well, except for being dead.

Hmmm. "Homer, I asked you when you bought that dummy if you were going to use it to fake your own death, and you said 'no'!"

 

[rikzilla]

I'm taking aerobatic lessons from Nancy Lynn starting in May. So I expect that when my demise comes it will be both exciting and catastrophic.

Hey, when there's nothing left of you but hair, teeth, and eyeballs there's really not much of an issue.
-z

 

[Camillus]

Don’t know about the US, but In the UK there’s no need for a lawyer. You can buy a Living Will pack from VES for £15, and it’s legally binding.

It's worth pointing out a couple of things about Advance Directives in the UK:

1. While they are technically bound to accept them in reality a doctor who opposes their use (and I know a few) can ignore a "living will" by declaring that it is invalid in the circumstances that are now in place. They can do this even if the document makes specific mention of what is going on by casting doubt on the mental state of the patient when they made it, claiming that the document may no longer be representative of the patient's wishes, claiming that the document is too broad or simply by doubting the veracity of the directive.
2. On a slightly happier note an Advance Directive does not have to be in writing to be valid. A verbal directive made by a competent patient has the same status as a written document.

The law in the UK is going to change soon with the introduction of the Mental Incapacity Act, which will move Advance Directives from civil to statute law and also introduce the concept of proxies who can make decisions for an incapcitated adult regarding their medical care.