Living Wills

A client came to my office asking for me to draft a Last Will and Testament, power of attorney and living will. It was very simple, until we got to the living will/health care proxy document. He paused a long time and really was not sure what he wanted to do with this.

He thought that if he did not sign the living will, he would just let a doctor decide what to do with him. I told him that a doctor can not decide what to do with him if he falls into a permanent state of unconsciousness or have an irreversible illness. no one really would have a clear say what to do with him without a living will.

A living will is a document that lets you plan for your medical situations. It is a great opportunity to allow you to advise your doctor your medical wishes and types of treatment you want. A living will only takes effect when you have been medically determined to be in a permanent vegetative state or terminally ill.

One of the most importnant things that a document like this does, also, is take away the guilt from the family members if they question "is this enough medical care?" or "Would he want this."

I think it is a very important document. The good thing- after he went home and thought about it, he came back and signed it.

Retaining a Lawyer

“Can you just call the court and tell them that I need a postponement? “ It sounds so easy and quick. Unfortunately, if you are just calling a lawyer for the first time, attorneys cannot just call the court and ask them to postpone a matter. The lawyer must be retained first. Often, clients think that they can retainer a lawyer to just write a letter or call the court to postpone a motion or even trial. Unfortunately, once a lawyer submits a letter to the court, the lawyer has been retained for the entire matter. You will, therefore, be hard pressed to find a lawyer who will just call the court to postpone a matter.