Cumming Divorce, Family & Wills Lawyer | The Lilly Law Firm, LLC

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Is my living will still valid?

Living wills have been around for a long time, but most people were very careless about creating or maintaining these essential documents. That changed in 2005 due to the highly publicized Terry Schiavo case. Since that time, many people have created living wills - often through forms they've been given by friends, their church, or that they've found online. If you have a living will made through any of these forms, and something happens to you, the hospital caring for you (and if necessary, the courts) WILL try to honor the wishes expressed in those documents. 

But you shouldn't have a living will at all. 

Following the Terry Schiavo case, the Georgia Legislature drafted a new document, called an advance directive. It combines 2 previously existing forms - a power of attorney for healthcare, and a living will. Because there's a uniform state form covering this issue, I very strongly advise anyone planning for their future to use that form. The reason for this is simple - if you use the standard form, any healthcare provider in the state of Georgia will absolutely know how to interpret what you've drafted. There can be no question of what you meant, because it's done in accordance with the standard. If you'd like to access the advance directive, you can do so through the official state site here

If you look at the document, though, you'll quickly find that it's not very clear in what it's saying. So while having a standard form is the good side, that form being drafted by the Georgia Legislature is the downside. For that reason, The Lilly Law Firm doesn't charge an additional fee to prepare an advance directive for any estate planning client. As a basic part of estate planning services, the state's form is made clear, and you are guided through each portion so that you can make informed, deliberate choices about your future care. So if you still have a living will, or if your advance directive and other estate planning documents are old and out of date, call The Lilly Law Firm today to set up a (free) consultation.