Re-ordering alas's original comments.
alas wrote: ↑Thu Jan 09, 2020 10:30 am
And I do not think they differ by state, because it is a statement for medical personnel of your care wishes, but I am not positive.
They definitely vary from state to state. Here's an overview of the requirements by state:
Living Wills : State Laws. Everything around this area is dependent on state law depending on where you live: living wills, power of attorney, wills, trusts, probate, etc. If you're really concerned about this area do what alas did, hire a lawyer practicing in your area with expertise in elder or end-of-life issues. There are also websites like legalzoom and Rocket Lawyer where you can pay a fee and go through an automated or semi-automated process. They help you know the requirements but don't necessarily give you legal advice tailored to your situation. Or, you don't really even need an attorney. Here in Colorado I would need two witnesses for health care declaration (living will) but not even any witnesses or notary for durable power of attorney for health care.
alas wrote: ↑Thu Jan 09, 2020 10:30 am
Pull out feeding tube? That was what they ended up doing with my brother, but according to his brain scan, a feeding tube should never have been put in. My husband and I knew if we are both injured in a car accident, then the decision falls on the kids, so we needed that besides trusting each other to know what we would want. And sometimes family fights what the spouse says, so the living will out votes family that is unwilling to let go.
Living wills aren't perfect but they're the best way to indicate how you want to be handled when you can't be responsible for yourself. There are many ways they can be subverted, as seen in many cases over the years. Ultimately you're not there in a condition to explain what you really meant or in similar situations, so actual application can be unreliable. If there is a legal challenge, it will get tied up courts, which are notoriously slow so you may not be around to experience the outcome. And you're not available to testify. Having a lawyer prepare your documents helps cover the important conditions and result in something that will be followed. But, you can toss something together and as long as it meets your state's requirements, there's a good chance it will be followed.
alas wrote: ↑Thu Jan 09, 2020 10:30 am
As for your funeral preferences, this is not a legal document, unless you do a prepay funeral. Just write it down and put it with your will or whatever legal papers you have for your death.
Yeah, I really don't know how much control you can exert after you've died. The big problem is that you're no longer there to make sure it happens. You no longer have an standing. (That's actually a misuse of the legal term but not the literal one.) It's possible to put conditions in a will or trust but they can be contested and the courts disregard ones they deem unreasonable. And you're not there to file a lawsuit to counter it.
alas wrote: ↑Thu Jan 09, 2020 10:30 am
In my own case, I want my kids and husband to do what is most comforting to them. I am not going to be here to care.
That's the way I see it. I can stipulate my wishes, but once I'm gone I'm really not going to care. So, hopefully it will be something meaningful to those left behind. It's reasonable to state one's wishes in that case, but I'm not going to worry about whether they're followed or not.
(I'm not a lawyer but I've paid attention to a number of legal issues and cases over the years to see how complicated things can be. It's one of those things that you can do yourself if it's not very complicated but if it's complicated or you want to make sure you get it right, it's worth paying a professional for their expertise.)