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Cherry Hill Living Wills Lawyer

Our Cherry Hill Estate Planning Attorney Can Help You Set Up a Living Will

At Scott Counsel, P.C., our Cherry Hill living wills lawyers are devoted to providing each client with the personalized legal guidance and support that they rightfully deserve. A properly drafted living will allows you to retain full control over your health care—no matter what tomorrow might bring. If you have questions about living wills, we are more than ready to help. To schedule a strictly confidential consultation with a top-rated New Jersey estate planning lawyer, please call us at (856) 925-7281 or contact us through our website.

What is a Living Will?

A last will and testament is a core estate planning document. Every adult in New Jersey should have a properly-drafted last will in place. The last will can be used to name an executor, provide funeral & burial instructions, express your final wishes, and distribute money and property to heirs.

A living will is an estate planning document that can take effect while a person is still alive. It is a legally enforceable document that can be used to express your wishes regarding health care if you are incapacitated or otherwise unable to express them on your own.

An Estate Plan Can Empower You to Control Your Own Health Care Decisions

To be truly effective, an estate plan should be comprehensive. Contrary to some myths, estate planning is about a lot more than deciding who gets what after you pass away. As important as it is to exert control over your property and assets, it is just as important to ensure that you are empowered to make your own health/medical decisions. There are two main ways to handle health care decision-making through your estate plan:

  • A Living Will: As noted previously, a living will is a legally binding estate planning document that allows a person to express their health care wishes ahead of time—so that those wishes are respected by medical professionals even if the individual is not in a position to express them. Most often, living wills are useful for issues related to end-of-life care. Though, they can be used in other scenarios as well. Some key medical issues that can be addressed within a living will include the use of breathing tubes, feeding tubes, ventilators, blood transfusions, kidney dialysis, the use of certain medications, end-of-life care, medical support, and organ donation.
  • Health Care Power of Attorney (POA): If you have specific wishes regarding your medical care—particularly your end-of-life care—you should have a living will in place. Beyond that, you can also benefit from setting up a health care power of attorney (POA). The reality of life is that it is extremely difficult to anticipate all of your medical needs ahead of time. By granting a trusted family member or trusted loved one health care power of attorney, you will empower them to make medical decisions on your behalf if you are not in a position to express your wishes.

Living Wills in New Jersey: Frequently Asked Questions (FAQs)

What Happens If I Do Not Draft a Living Will?

Without a living will, you have no power to make your own medical decisions if you cannot express them directly. It is not good enough to informally tell your spouse or other loved ones what you want to happen in an end-of-life situation. The doctors can ignore what they say if you lack legally valid estate planning documents. If you have specific preferences related to end-of-life medical care, then you should have a living will.

Can Health Care Power of Attorney Override a Living Will?

No. Assuming that it has been properly drafted and is legally valid, a living will is binding. The person who holds your health care power of attorney (POA) cannot alter, revoke, or override your living will. The wishes expressed within your living will are legally binding. Doctors in New Jersey have a legal and ethical duty to comply with a person’s living will. If you have any specific questions about the interaction between a living will and health care POA, our Cherry Hill estate planning attorneys are available to help.

What is the Difference Between a Living Will and Advance Medical Directives?

There is no difference. In New Jersey, you will hear living wills referred to as “medical directives” “health care directives”, and “advance directives.” Ultimately, they are all the same type of estate planning document—the one that you can use to leave specific wishes regarding your medical preferences and end-of-life care preferences. Call our Cherry Hill estate planning attorney to learn more about medical directives (living wills).

You Can Rely On Our Cherry Hill Estate Planning Attorneys

Estate planning is complicated—especially when it comes to preparing for incapacity. It is never an easy thing to think about. At Scott Counsel, P.C., we help people and families put comprehensive estate plans in place that effectively achieve their goals. Our Cherry Hill living wills attorneys will:

  • Listen to your story and answer your questions about living wills;
  • Gather all of the documents, records, and information you need;
    Draft a living will and any other related medical directives; and
  • Ensure that you have the proper estate plan in place to protect your best interests.

Estate planning is not about one-size-fits-all solutions. Quite the contrary, a well-crafted estate plan must be customized tailored to suit the needs of you and your family. With a history of testimonials from our clients, you can rely on our Cherry Hill living will attorney for top-quality representation.

Get Help From Our Cherry Hill Living Will Lawyers Today

At Scott Counsel, P.C., our New Jersey estate planning attorneys have extensive experience helping people draft living wills and other health-related legal documents. If you have questions about living wills or advance medical directives, our legal team can help. Contact us at (856) 925-7281 for a completely confidential estate planning consultation. We help clients with living wills throughout all of South Jersey, including in Cherry Hill, Camden, Hammonton, Mount Holly, and Woodbury.

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