The Importance of Having a Living Will

By Lane V. Erickson, Attorney

Although I’ve been an attorney for many years now, the first time I really came to understand the importance of having a valid Living Will was not through work. Rather, it occurred many years ago when a friend suffered a serious heart attack.

The paramedics came and took my friend away to be treated at a hospital. When we arrived to show our support to his wife and his family we learned that our friend had been placed on a life-support system which helped him to breathe and helped his heart to circulate blood through his body. Essentially, he was alive, but the doctors told us that there was no hope for recovery.

For the next few days our friend’s wife and family were left with the agonizing decision about whether they should keep their husband and father on life support or whether they should turn it off.   As more time went by the family and spouse became more and more exhausted, having been emotionally drained by the trauma of the experience and also having slept and eaten little during that time. Finally, out of pure exhaustion, the spouse directed the Doctors to turn the life-support systems off. Our friend stopped breathing and passed away peacefully within a few minutes.

All of us that were there as friends to support the family knew that this was the right decision to make. In fact, honestly, the decision should have been made several days earlier. However, to this day, the wife has told several people that she regrets her decision. She wonders if she should have left her husband on life support for a little while longer, and if she had, if he would have recovered fully.

The purpose of having a valid Living Will is that you take the agonizing decision of whether you should be kept on life support, and the consequences of that decision, off the shoulders of your family. In Idaho, while you are of sound mind, you are legally able to make the decision about whether you should ever be placed or kept on life support systems or not. In other words, you have the legal ability to decide whether you are allowed to die naturally. As a part of a basic estate plan, we encourage all our clients to have a valid Living Will and to put their wishes in writing so that they will be understood and followed by all medical and health care providers.

If you have any questions about how to create a valid Living Will, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.

This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.

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