Living will questions

bee0011

New Member
Jurisdiction
Virginia
Hello, I have been assisting my mom with the idea of going to a lawyer to get a living will, as of now she has all of her wishing in a safe security box. But this past week we just had a family member have a stroke and on the way to the hospital, my cousin requested to do a DNR. But the next day he changed his mind and the nurse had him sign some document while we were there at the hospital with him, but later that week he had another stroke while still in the hospital and was unconscious later that day the nurse called my mom and ask would the family like to change him to have a DNR which freak everyone out thinking that if a person has certain request like DNR, cremate them, any last request these request can be changed. So this is more reason that I wanted my mom to speak to a lawyer for her last request with her affairs, and the way she wants things done in case of an emergency and burry or cremation request. My question does a living will address these type of issues? and if a person has a living will how does that take effect if they are rushed to the hospital, in the past, I have just seen doctors ask who every the family member that is in charge these questions. My concern is I have brothers and other family members and if anything ever happens to her I could see us having a big mess on our hands due to everyone not agreeing. If the will doesn't address all of this what would be the best legal way to address these concerns? My mom is writing out a letter and mailing it to each of us and asking us not to open it unless something like this happens, my concern is this still doesn't fix the problem. I have seen people read things and understand what they have read in the way they want to read it so we would still be back at square one. Any help or direction would be greatly appreciated
 
My question does a living will address these type of issues?

Generally ... maybe ... sometimes ... for SOME people

It might be IT DEPENDS ...

Most hospitals, even some medical practices/practitioners, can provide a person with the forms necessary to create their own living will.

You need to have the answer to the following question.

What is a living will?



A "living will" is a written document detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent, especially an advance directive.

A living will is sometimes called an advance directive.

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as of now she has all of her wishing in a safe security box.

What does "all of her wishing" mean?

My question does a living will address these type of issues?

"Living will" is a colloquial term that refers to an advance healthcare directive. It allows a person to dictate his/her medical treatment in the event he/she becomes incapacitated. Whether the State of Virginia allows a person to dictate the disposition of his/her bodily remains is something I don't know. However, those decisions are generally left to the persons who survive since they're the ones who have to pay for it.

A "living will" should not be confused with a "will." A will allows a person to dictate what happens to his/her assets after death. A "living will" and a "will" are two very different things, although both are typically part of a well designed estate plan.

if a person has a living will how does that take effect if they are rushed to the hospital

I don't really understand what you're asking here. A "living will" takes effect when a person is incapacitated and, therefore, unable to make medical decisions for him/herself.

If this is something that concerns your mother as much as it seems to concern you, then she should consult with a local estate planning attorney.
 
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