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There is a lot to think about when it comes to making end-of-life plans. If you’re looking for an Austin estate planning attorney, at Ford + Bergner LLP, with offices in Houston, Dallas, and Austin, TX, we can provide you with an experienced lawyer to ensure that your wishes relating to the end of your life are recorded comprehensively and clearly. As part of this, we may well recommend that you make both a last will and a living will.

How Does a Living Will Differ from a Last Will in Austin?

While both documents are integral to comprehensive estate planning, they serve different purposes and become effective at different times. A Last Will and Testament is the document that most people think of when they think of “a will.” It is a legal document that outlines how you want your assets and property to be distributed after your death. In this document, you specify beneficiaries for your possessions, designate guardians for minor children, and appoint an executor to manage your estate through the probate process. A Last Will only takes effect upon your death and has no legal power during your lifetime.

A Living Will is a different matter. In Texas, this document known in other states as a Living Will is officially called Directive to Physicians and Family or Surrogates, often shortened to a “Directive to Physicians.” The purpose of this document is to specify your preferences regarding medical treatment in situations where you are unable to communicate your decisions due to incapacity. It provides guidance to healthcare professionals and loved ones about the types of medical interventions you wish to receive or avoid, such as life-sustaining treatments or resuscitation efforts.

Unlike a Last Will and Testament, a Living Will is effective during your lifetime, specifically when you’re incapacitated and unable to express your medical wishes yourself.

Is a Living Will the Same as a Medical Power of Attorney?

These two documents are similar, but not the same. A Living Will and a Medical Power of Attorney are both advance directives that help guide medical decisions if you become incapacitated, but they serve different purposes. A Living Will relates specifically to end-of-life care and applies only in situations where you are both unable to communicate and near death or in a persistent vegetative state. It typically outlines specific medical treatments you do or do not want if you become terminally ill or permanently unconscious; in particular, life-sustaining treatments like ventilators, feeding tubes, and resuscitation.

Your Medical Power of Attorney or Healthcare Proxy document designates someone you trust to make medical decisions on your behalf if you are unable to do so. It covers all medical decisions, not just end-of-life care, and applies in a broader range of situations, such as if you are temporarily unconscious, in surgery, or suffering from dementia. The person you designate in your Medical Power of Attorney cannot overrule your explicit wishes as set down in your Directive to Physicians.

Many people choose to have both documents. The Living Will takes care of their specific wishes as to their end of life care, but the Healthcare Proxy allows a trusted person to make decisions on their behalf in a wider range of situations where they themselves cannot communicate their wishes. This means that decisions can be made according to your wishes in response to the situation at hand.

Why Both Documents Are Essential

The difference between these two documents makes it clear that you shouldn’t decide to just make one or the other; they are not interchangeable. However, together, they can provide a comprehensive overview of your wishes to make sure that your decisions will be respected both in the run-up to and after your death. Both documents will reduce the emotional burden on you and your family. The clear instructions regarding your wishes should minimize confusion or disputes among family members during what can be emotionally challenging times.

Other Relevant Legal Documents

Durable Power of Attorney

This document lets you appoint someone to handle your financial affairs if you’re unable to do so. The person designated in your Durable Power of Attorney does not have to be the same person as the person you specify to make decisions for you in your Medical Power of Attorney.

HIPAA Authorization

To ensure your appointed agents have access to your medical records, it is a good idea to make sure you have a HIPAA authorization. This allows your healthcare providers to share your medical information with your designated representatives.

Common Misconceptions

“I’m too young to need these documents”

You may be young and healthy, but unexpected events can occur at any age. It is a sad fact that youth is not a guarantee against accidents and the unforeseen. We hope it will be the case that these documents will not be relevant to you for many years to come, but having them in place can mean that you are prepared for any eventuality.

“It’s tempting fate to make a will”

It’s normal not to want to think about death, but that doesn’t mean that you shouldn’t. There is also no evidence that making provision for your future will hasten your death; there is no difference in death rates between those who have made wills and those who haven’t, regardless of age group. Additionally, knowing that you ought to do something but not doing it can lead to subconscious stress, which may actually harm your health. With your wishes set down clearly, you can have peace of mind.

“I don’t need this because my family knows what I want”

Verbal discussions are valuable, but legally binding documents are necessary to ensure your wishes are communicated clearly to, and honored by, healthcare providers and the courts. Making your wishes clear is helpful when it comes to your medical situation, as it makes sure that family members cannot dispute them or argue. This is especially pertinent if you do not wish life-prolonging care such as a feeding tube, as your loved ones may otherwise feel an obligation to prolong your life at all costs.

“I’m not wealthy, so this isn’t relevant”

Many people decide against making a will because they do not think they have enough money to make their effort worthwhile, but neither of these documents are for “rich people.” They are for everyone. Estate planning and medical directives are important for individuals of all financial backgrounds to ensure their wishes are respected and to ease the burden on loved ones. You deserve to get the medical treatment you want and to dispose of your property how you wish, no matter your financial situation.

Put Your Mind at Ease With an Austin Estate Planning Attorney

It’s not always easy to start making plans regarding your estate, but we can help. Our skilled team can provide you with up-to-date information and trustworthy advice on making a Last Will, a Living Will, and any other advance directives that you may need. We bring our experience to bear in making clear and comprehensive arrangements that accurately reflect your wishes and meet all Texas legal requirements.

We know the importance of having an estate plan that is tailored to your own personal needs. To find out more and make an appointment, get in touch with us at Ford + Bergner LLP, with offices in Houston, Dallas, and Austin, TX.