Its very important to me that I be creamated after my death despite the fact that my family is against creamation. I want to know if there is any way I can make sure that my wishes are honored after I die even if my direct family doesn't like it and tries to over rule it.
2007-02-07 09:13:07 · 6 answers · asked by blood_drop2003 3 in Politics & Government ➔ Law & Ethics
A living will is not a document that tells your family or anyone else what to do with your body when you die. A living will (often called and "Advanced Directive") instructs the hospital or medical professionals whether or not to withhold food and/or water, and whether or not to put you on life support systems in the event you are unable to express your wishes.
A Health care surrogate document gives someone else of your choosing the authority to make those decisions for you.
Your will may direct your family or others how to dispose of your body or what your final wishes are. But if they choose not to follow it, it will be very difficult for you to protest. Someone appointed by your will or chosen by you may protest on your behalf, but they better have an original written copy of your wishes in their possession when they do it, otherwise, next of kin will win.
2007-02-07 09:19:56 · answer #1 · answered by Catherine T 2 · 1⤊ 0⤋
Are Living Wills Legally Binding
2016-12-10 05:40:44 · answer #2 · answered by gata 4 · 0⤊ 0⤋
A standard Will is sufficient. Furnish a copy of your instructions to your doctor. Have your Will written up and make sure your attorney keeps a copy. Wills are enforceable. Choose an Executor who will do what you wish.
Living wills apply to persons who are still alive but are unable to look after their own affairs. If you are in a permanent vegetative state, you can specify that "the plug be pulled" so you are not kept alive by artificial means.
2007-02-07 09:22:34 · answer #3 · answered by regerugged 7 · 1⤊ 0⤋
Living wills are legally binding, but it will not deal how your body is "disposed of" after you die. A Living will is just that, you are living, but unable to make decisions for yourself, so you appoint someone.
In your will, which is a document that is read only when you die, should have written detail of your funeral. Also, who you appoint as executor of your will should know your wishes, because they are the ones who will follow your wishes in your will.
I work as a paralegal.
2007-02-07 09:29:20 · answer #4 · answered by doodles 3 · 0⤊ 0⤋
Living wills are legally binding, but their effect ends on your death. Some states may have specific statutes regarding control over your remains and their disposition, but I am not aware of any that apply to your situation.
You can specify in your will, but by the time it is probated, your corpse will probably getting pretty ripe.
Some crematoriums will accept advance payment to take custody of your body and cremate it, but if the family wants a fight, they can get one. Make sure you have a writing that says what you want (cremation - not "creamation"), signed by you, preferably notarized and/or witnessed, and giving the holder of the document custody of your body, then make sure it is in the hands of a person who will carry out your wishes.
2007-02-07 09:30:07 · answer #5 · answered by thylawyer 7 · 1⤊ 0⤋
Sorry, don't know Scotland (but always wanted to visit there). Ask a lawyer; different regions have different terms; it may be one is used in Scotland and a different one is used elsewhere. If Scotland has, say, an advance statement, something titled "living will" might not work, or might. Or medical power of attorney. Etc.
2016-03-15 08:55:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Try the sites below, make sure to change the location/state in which you reside. The last site is an affordable way to get a FREE Will and get it done right!
2007-02-07 10:25:37 · answer #7 · answered by citronge69 4 · 0⤊ 0⤋