What is a living will?

A living will is an essential part of any proper estate plan. While a will or a trust deals with the distribution of the estate, a living will is a separate document and serves a completely different purpose. A living will allows you to make the decision whether to be kept alive by artificial means if you have a terminal condition and there is no hope of recovery.

According to the “Tennessee Right to Natural Death Act,”

"Every person has the fundamental and inherent right to die naturally with as much dignity as circumstances permit and to accept, refuse, withdraw from, or otherwise control decisions relating to the rendering of the person's own medical care, specifically including palliative care and the use of extraordinary procedures and treatment. The general assembly further declares that it is in the public interest to facilitate recovery of organs and/or tissues for transplantation and to provide mechanisms for individuals to express their desire to donate their organs and/or tissues.” (T.C.A. § 32-11-102)

Making these decisions through the execution of a living will let your doctor know your desires in the event you have a terminal condition and there is no hope of recovery. Having your living will in place will greatly reduce the risk of inter-family struggles and potential litigation (recall the Terri Schiavo case) because you have clearly explained your desires in a living will.

This is not intended to be legal advice and does not form an attorney-client relationship with any reader.