What Is a Living Will and Why Do You Need One?

Talking about future medical decisions is never easy, but making those choices in advance can

prevent stress and confusion for loved ones. Many people wonder what is a living will, and assume it’s the only document needed to outline healthcare wishes. While a living will is important, it works best when paired with a healthcare power of attorney (POA). Without both, there may be gaps in medical decision-making when it matters most.

What is a living will in Tennessee? In Tennessee, a living will is actually legally called an “Advance Care Plan.” This is a document that tells your medical providers how you want to be treated if you are terminally ill. It addresses life-sustaining treatments, including Cardiopulmonary resuscitation (CPR), ventilators, feeding tubes, and kidney dialysis. If a person is in a coma, has a terminal illness, or faces a situation where recovery is unlikely, doctors will follow the instructions in the living will. This document is not the same as a last will and testament. A last will distributes assets after death, while a living will takes effect while the individual is still alive but unable to make medical choices. It ensures personal wishes are respected, removing the burden from family members who may struggle with difficult decisions.

How a Living Will Differs from Other Estate Planning Documents

Estate planning covers more than just distributing assets. While an Advance Care Plan is part of the process, it does not replace other essential legal documents. A last will and testament directs what happens to property, money, and possessions after death. A trust helps manage assets while a person is still alive and can continue to provide for beneficiaries after passing. None of these documents dictate healthcare decisions the way an Advance Care Plan does. A common misunderstanding is that an Advance Care Plan alone is enough. In reality, healthcare decisions often require more than just written instructions. This is where a healthcare POA becomes just as important.

Why a Healthcare POA Matters

A healthcare power of attorney (POA) designates someone to make medical decisions on behalf of another person if they become incapacitated. While an Advance Care Plan outlines specific medical treatments, a healthcare POA allows a trusted individual to speak with doctors, review medical options, and make choices that may not be covered in the Advance Care Plan. Medical situations are not always predictable. An Advance Care Plan may provide general instructions, but unexpected circumstances can arise. Without a healthcare POA, doctors may be forced to make decisions without knowing the patient’s full wishes. Family members may also disagree on what should be done, leading to emotional strain and potential legal battles.

Updating a healthcare POA is just as important as having one. Over time, relationships change, and so do medical preferences. Reviewing and updating this document regularly ensures that the right person is in place to make decisions and that their authority is legally recognized.

Planning Ahead for Peace of Mind

Having both an Advance Care Plan and a healthcare POA means that no matter what happens, medical choices will be honored. Without these documents, decisions may be left to your doctors or family members who may not fully understand your wishes. Taking the time to create and update these legal documents can prevent unnecessary stress and ensure that medical care aligns with personal values.

Johnson McGinnis Elder Care Law & Estate Planning helps individuals and families create comprehensive healthcare directives. If you are wondering what an Advance Care Plan is and how it can fit into your broader estate plan, our team is here to provide guidance. Contact us to ensure your healthcare wishes are protected now and in the future for your peace of mind and for your family.