Advanced Directives versus Living Wills: What Every Virginian Should Know

When it comes to planning for the future, the majority of Virginians will focus on wills, trusts, and how their assets will be distributed after their death. Those are definitely important pieces to your estate plan, but it’s equally important to plan for unexpected events that may happen while you’re still alive. Two of the most valuable tools in your estate plan are your advance medical directives and your living will. Even though people often use these terms interchangeably, they serve slightly different purposes. Understanding the distinctions is an important part of protecting your death, your dignity, and the peace of mind of your loved ones.

What is an advance medical directive?

An advance medical directive (AMD) is an important legal document recognized under Virginia law. It allows you to:

• Appoint a trusted individual, called a health care agent, to make medical decisions on your behalf when you cannot speak for yourself.
• Provide instructions concerning your medical care preferences, including life-prolonging treatments, pain management, and organ donation.
• Ensure doctors and hospitals follow your wishes, even in emergencies

AMDs are quite flexible. You are not limited to end-of-life scenarios. Instead, your directive can cover any situation in which you are temporarily or permanently unable to communicate. As an example, if you are unconscious after a car accident, your health care agent can make treatment decisions consistent with your wishes on your behalf.

What is a living will?

A living will is a document that is more specifically focused than an AMD. It generally only deals with end-of-life decisions, such as whether you want life support, such as ventilators, feeding tubes, or CPR, if you are diagnosed with a terminal condition or are in a persistent vegetative state. In other words, a living will communicates your wishes about medical procedures when recovery is unlikely.

While Virginia law still recognizes living wills, the majority of modern estate plans incorporate such instructions into the advance medical directive. This way, one document can cover both the appointment of a health care agent and specific guidance concerning life-prolonging treatment.

What are the differences between the two? 

• Scope – A living will only applies to end-of-life scenarios, while an AMD is broader and covers a wide range of medical decisions.
• Decision-maker – A living will does not appoint someone who can act on your behalf. An AMD, on the other hand, does, ensuring that a trusted agent can respond in real time to medical situations.
• Flexibility – A living will is fixed in terms of its instructions. An AMD combines written instructions with the discretion of your chosen health care agent, allowing for more adaptability.

Why you need both documents?

Without an AMD, your loved ones may be forced to guess what your wishes are or, even worse, disagree about them in a time of crisis. This can cause family conflict and delay your medical care. By putting your preferences in writing and choosing a trusted agent, you relieve your family of uncertainty and maintain control over your health care.

Talk to a Virginia Beach, VA, Estate Planning Attorney Today

The Law Office of Angela N. Manz represents the interests of those who are looking to form a comprehensive estate plan. Call our Virginia Beach estate planning lawyers today to schedule an appointment, and we can begin discussing your next steps right away.