A living will is a staple of a comprehensive estate plan, along with a healthcare power of attorney, durable power of attorney, HIPAA authorization, will, and living trust. In fact, for a couple of reasons, the living will may be one of the most important legal strategies you can implement in your life.
What is a Living Will?
A living will (or advanced directive) is a legal document that sets out your wishes for end-of-life medical treatment. There is a clean line of delineation between where a healthcare power of attorney ends and where a living will begins. A living will relates only to the course of action which shall take place should you find yourself in one of three medical scenarios: 1) you suffer from an incurable or irreversible condition and your recovery is substantially unlikely; 2) you are in a persistent vegetative state and you’re unlikely to regain consciousness; or 3) you suffer from advanced dementia or other congnitive degeneration and your recovery is very unlikely. You may then set out your wishes for end-of-life treatment: do you wish to withhold or withdraw life-prolonging measures from that point forward?
Taking the Decision Away From Family
The main purposes of a living will is to 1) make sure your wishes are known and followed; and 2) make sure that your family does not have to make the decision to prolong your life or withdraw life-prolonging measures. Unfortunately, far too many people fail to make these decisions for themselves ahead of time and the emotion of the situation can overwhelm even the most rational of family members. If you don’t make the decision head of time, the “safe choice” for your family may be to keep you alive, even if that’s not your wish.
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
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How We Help North Carolina Families
Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
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