Who can Prepare a Living Will? Planning for Incapacity

June 6, 2020

In practice, there are not very many requirements that a person must fulfil before they become entitled to prepare a living will. In fact, the requirements that apply are pretty similar to the requirements that apply to anyone wishing to create a legally binding document.

To prepare a living will, a person must first be able to understand the purpose for which he is preparing the living will and the effect of the living will document he is about to sign. This is the same standard of mental capacity that applies to the making of wills and other contracts.

In order to ensure that a person has sufficient mental capacity to understand the import of the document he is signing, the state imposes minimum requirements on those who can prepare a living will. For example, the law generally requires that a person must first reach the age of 18 years before they can prepare a living will or other advance healthcare directive.

There are, however, two important exceptions to the above requirements. Firstly, in the states of Alabama and Nebraska a person must be at least 19 year old before they can prepare a living will. Secondly, Nebraska allows a person under the age of 19 years to prepare a living will if they are married.

Most good estate planning attorneys will recommend the inclusion of a living will in your estate plan. For more information on living wills and how to make them, check out some of the other living will articles on our site.

How Can EstateBee Help You? 

For more information on living wills, read some of the other living will articles on our website.

Alternatively, if you would like to learn more about living wills, and healthcare powers of attorney, or even make your own, check out our Healthcare Power of Attorney & Living Will Kit. This legal kit contains all the information and ready-to-use lawyer prepared legal forms and documents necessary to create a combined Healthcare Power of Attorney and Living Will. It also contains all the forms necessary to revoke that document.

If you would like to prepare a living will online, then check out our Online Living Will Software. It allows you to make a bespoke living will online without the cost or need to engage a lawyer. You can make decisions on nutrition and hydration, pain relief, organ transplants, and much more.

If you have any queries about our products or services, please feel free to contact us.

Joshua Hearns

Estate Planner

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