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Scott Counsel

Scott Counsel

Estate & Elder Care Law

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Advance Directives, The Living Will

You might know an advance directive by one of its other names, a living will. And what it does is it allows you to make your wishes known in regard to your medical treatment at such a time that you are unable to communicate those wishes on your own. However, before the advance directive can start working on your behalf, there are a few things that need to happen first. It must be certified by two physicians that:

 

  • You are unable to make any medical decisions on your own.
  • You are currently in the condition that is stated in the state’s “living will law,” like permanent unconsciousness or some form of “terminal illness.”
  • Be aware that other conditions may also apply, but this can vary from state to state.

The following would also be beneficial to keep in mind as well:

  • If you are unable to make your own decisions, but then regain consciousness, the person you named in your medical power of attorney (the agent) cannot keep making medical decisions for you.
  • A lot of states also have more requirements that are applicable only to those decisions concerning any life-saving or life-sustaining medical help.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

Filed Under: Estate Planning

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Princeton, NJ 08540

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Moorestown, NJ 08057

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Philadelphia, PA 19103

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Mullica Hill, NJ 08062

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Hamilton, NJ 08691

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Hammonton NJ 08037

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