Can I leave all decisions up to one person in my living will? 21 Answers as of October 22, 2013

If I just want to leave all decisions up to one person in my living will, do I need to have an attorney draft it? I simply just want my mother to be the one to make any decisions if necessary.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Thomas C. Phipps | Thomas C Phipps
You can name just one person. The document will have to satisfy the statutory requirements, so you should have an attorney draft it.
Answer Applies to: Missouri
Replied: 10/22/2013
The Law Offices of Juliet Gavriel
The Law Offices of Juliet Gavriel | Juliet Gavriel
You are probably referring to the the Health Care Proxy Form. This form does not necessarily need an attorney. However, the form does require two witnesses with a notary signing it.
Answer Applies to: New York
Replied: 9/11/2013
Christine Sabio Socrates Attorney at Law | Christine Socrates
It is not required that you use an attorney but you need to make sure that you sign your living will in the presence of two eligible witnesses or before a notary public to be valid. If you would like to give your mother the authority to make healthcare decisions for you, you must execute a Healthcare Power of Attorney, not a living will. If you want your mother to make non-medical decision for you, then you need to execute a Durable or Financial Power of Attorney.
Answer Applies to: Ohio
Replied: 9/10/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
Sure you can have only one person making the decisions for you. You can easily find sample living wills at any office supply place, however you may want an attorney to look over it to ensure it complies with Florida's statute of living wills.
Answer Applies to: Florida
Replied: 9/10/2013
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
That you use the term "living will" makes me think you need the advice of an attorney. If you are talking about medical decisions if you are incapacitated, the document you want is called an "Advance Directive." Get some estate planning advice. A good estate planning attorney is well worth his or her salt, and you will be much more comfortable that your wishes will be honored.
Answer Applies to: Oregon
Replied: 9/9/2013
    Jeffs & Jeffs, P.C.
    Jeffs & Jeffs, P.C. | Kenneth A. Prigmore
    You are free to name one person as the administrator or executor of your will. You do need to name who will inherit your property. You can give it all to your mother and tell her she is free to give some to others if she likes. Whether or not you need an attorney will depend on where you die. Each state has different rules regarding the validity of a will. In Utah, a handwritten will that is signed and dated can be considered a valid will.
    Answer Applies to: Utah
    Replied: 9/9/2013
    Singletary Law Offices, PLLC | Alexis R Singletary
    Your Living Will (Advance Health Care Directive) is not a legally binding document, but, rather, an advisory document letting your loved ones and physicians know your wishes in the context of certain end-of-life and life-sustaining treatment matters. If you want your mother or anyone else to be able to make such medical decisions for you, then you need a Durable Power of Attorney for Health Care, which terms can be separate from the Living Will document, or combined. Because these documents impact important legal rights, it is usually best to seek an attorney's advice in their preparation and execution.
    Answer Applies to: Washington
    Replied: 9/9/2013
    Frederick & Frederick PLC | James P Frederick
    More information is needed. Living Wills are not legally enforceable in Michigan. Given that, it is not clear what your intentions are. You may also need additional planning to take care of your assets, since a Living Will has nothing to do with your assets.
    Answer Applies to: Michigan
    Replied: 9/9/2013
    S. Joseph Schramm | Joseph Schramm
    It is usually better to have one person designated in a living will who will make the health care decisions should you be unable to communicate them. The more people involved, the greater the possibility for disagreement and, consequently, indecision. You should also have an attorney prepare your living will because these documents are supposed to conform to specific statutory requirements and an attorney who prepares living wills will know how to draft yours. Besides, attorneys often do not charge much for a living will, so you should not have to spend much money to have it done correctly.
    Answer Applies to: Pennsylvania
    Replied: 9/9/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    No you don't have to have an attorney draft a special document for you. Many medical facilities and health care providers have forms that you can use to indicate your wishes. There may be a form available in your state statutes as well. The only reason to add a second name would be if you and your mother were simultaneously unable to make decisions. If that's the case, who would you want to make decisions for you? You can indicate who has decision-making priority in your document.
    Answer Applies to: Nebraska
    Replied: 9/9/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    It would be best if you have an attorney prepare the will. The choice of who make decision is solely up to you.
    Answer Applies to: Georgia
    Replied: 9/9/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    But the living will provides guidance for how those decisions should be made. It wouldn't hurt to have an attorney draft it so all of the bases are covered.
    Answer Applies to: Idaho
    Replied: 9/9/2013
    James Law Group
    James Law Group | Christine James
    I would say yes you need an attorney because you are calling the document a living will and in CA there is no such thing. A living will used to be a health care document in CA that is now obsolete. If you want to make sure your estate is properly administered after you are gone, it is worth the time and money to have an attorney help you. It is also an issue when you are naming a parent as they usually don't outlive their children. There are many considerations so the best course is through an attorney.
    Answer Applies to: California
    Replied: 9/9/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, yes, you can designate only one person (health care agent) to make all your health care decisions (subject to your ability to make them). An attorney is not required to prepare your living will or advance directive.
    Answer Applies to: Maryland
    Replied: 9/9/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Yes, you may do do. However, you should name am alternate or do in the event your mother is unable or unwilling to serve/act in that capacity.
    Answer Applies to: California
    Replied: 9/9/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If your health care provider will accept the document, that is all that matters. The living will (health care directive) is a relatively short and simple document. It should not be costly to be sure that it is properly prepared and that you are taking advantage of all items that can be handled in such a document.
    Answer Applies to: Minnesota
    Replied: 9/9/2013
    Gates' Law, PLLC | Thomas E. Gates
    You can identify only one person in your living will (Health Care Directive). You do not need an attorney to draft the document since there are many software available and samples on the Internet.
    Answer Applies to: Washington
    Replied: 9/9/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    May I suggest you obtain the services of a estate planning probate attorney, who could prepare a Power Of Attorney for financial decisions during life, an Advance Healthcare Directive(aka a living will) for end state medical decisions for you, and a will, naming her as the executor and beneficiary of any direct afterlife gifts and beneficiary of the residue of the estate whatever that may be. You never need an attorney for what you are contemplating, but would you administer powerful drugs to yourself without a doctor analysis? The old say still applies "an ounce of prevention is cheaper than a pound of cure". Pay for some good legal representation, and put your antipathy for attorneys in a box and close the lid. Attorneys have their place in society.
    Answer Applies to: California
    Replied: 9/9/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Sure. I suggest using an attorney to make sure it is done correctly. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 9/10/2013
    Estrada Law P.C. | Michele Ungvarsky
    Yes, you can leave the decisions up to one person, but, what happens if something happens to her? You should consider a backup person(s). Also, you can draft a living will yourself which will protect you in the event of a terminal condition but what happens if you are only incapacitated, i.e. unconscious after an automobile accident? That is why an attorney is helpful.
    Answer Applies to: New Mexico
    Replied: 9/9/2013
    Attorney At Law | James G. Maguire
    Under Louisiana law, you are allowed to designate a person to make that decision for you, if you are not able to make the decision yourself.
    Answer Applies to: Louisiana
    Replied: 9/9/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney