Another important document that Batson Nolan likes to include in our estate planning packages is a Living Will. A Living Will is a legal document that contains two end-of-life elections:

  • Whether or not one wants to be kept alive by artificial nutrients and hydration (water) when the doctors have told your family that you have no meaningful chance of survival; and
  • Whether or not one wishes to be an organ donor.

The Living Will is extremely important as it deals with two very sensitive end-of-life preferences. We strongly encourage our clients to execute Living Wills for two reasons:

  • Oftentimes people have very strong preferences regarding these two questions, and the only way to ensure your preference is carried out is through this binding legal document.
    1. Example: Jane is someone who has always told her family that in the event she became terminally ill, incapacitated, and had no chance of survival, that she would not want to be kept alive artificially, and would rather be let go naturally. However, Jane’s husband who is heartbroken at the thought of losing her, decides to keep her artificially alive even though the doctors have told them she has no chance of meaningful life in the future. If Jane has a living will executed, her preference would prevail over her husband.