Many of the families we work with throughout Fort Mill, Cornelius, and the greater Charlotte metro area come to us focused on wills, trusts, and probate planning, but overlook one of the most important documents in a complete estate plan: the living will, also known as an advance healthcare directive. Without one, your loved ones may be left guessing about your medical wishes at the worst possible moment.
A living will is a legal document that states your preferences for medical treatment in situations where you are unable to communicate those wishes yourself, typically involving end-of-life care, life support, artificial nutrition, and resuscitation. It only comes into effect when a physician determines you lack the capacity to make your own medical decisions and are in a terminal or permanently unconscious condition, depending on your state’s specific requirements.
These two documents are often confused, but they serve different purposes:
We generally recommend both. The healthcare power of attorney gives you a trusted decision-maker, while the living will gives that person, and your medical team, clear guidance on your wishes so they aren’t left guessing or facing disagreement among family members during an already difficult time.
Without a living will or healthcare power of attorney in place, decisions about your care may fall to family members who disagree with one another, or in some cases, a court may need to get involved to determine who has authority to make decisions on your behalf. We’ve seen firsthand how much stress and conflict this can create for families who are already dealing with a medical crisis. A properly executed advance directive removes that uncertainty.
Both states allow for living wills and healthcare powers of attorney, but the specific forms, witnessing requirements, and terminology can differ. South Carolina, for example, combines certain directives differently than North Carolina does, and documents executed in one state should be reviewed to confirm they will be honored if you receive care in the other. If you split time between the Carolinas, or recently moved, it’s worth having your documents reviewed to make sure they comply with the state where you’re most likely to receive treatment.
We recommend revisiting your living will and healthcare power of attorney:
A living will and healthcare power of attorney are two of the simplest documents to create, yet they offer some of the greatest peace of mind for you and your family. If you don’t currently have these documents in place, or if it’s been several years since you reviewed them, our attorneys can help you put clear, legally sound directives in place for Fort Mill, Cornelius, Lake Norman, and the surrounding Charlotte region.
Call (704) 608-3429 (NC) or (803) 351-3597 (SC) to schedule a consultation.
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