Considering the future can feel overwhelming, particularly when it involves medical decisions you may not be able to make for yourself. Creating a living will allows you to plan ahead and make your preferences known. By documenting your choices in advance, you give your loved ones reassurance about facing the future.
1. Do I really need a living will if I have a power of attorney?
Both documents serve important but different purposes. A power of attorney names someone to make decisions on your behalf. A living will, referred to as a “declaration” under Arkansas law, specifies the decisions that person should follow regarding life-sustaining care. Having both documents reduces uncertainty and guides your representative in executing your wishes if you are seriously ill or permanently unconscious.
2. Will my family have to go to court to use it?
No. A properly executed Arkansas declaration is designed to avoid court proceedings. Provided you are at least eighteen years old and of sound mind when you sign, the document communicates your wishes directly to medical staff. To maintain its validity, you must sign it in the presence of two adult witnesses who are not related to you and do not stand to inherit your property.
3. What happens if I move or my health changes?
Your medical directives are not fixed. You may revoke or revise your living will at any time. If you move to another area or receive a new diagnosis, it is advisable to review and update your documentation. While notifying your doctor may temporarily suspend the original declaration, signing a new version provides the clearest assurance that your current preferences will be followed.
4. Does a living will mean “do not treat”?
This is a common misconception. A living will does not refuse all medical care; it only indicates which life-prolonging procedures you wish to accept or decline if you cannot speak for yourself. You may still receive comfort care, pain management and other treatments that prioritize quality of life rather than merely extending it through medical technology.
Taking the time to formalize these decisions represents a meaningful act of consideration for yourself and your family. By answering these questions and recording your intentions, you reduce uncertainty and relieve your loved ones of difficult decision-making during stressful times.
Secure your peace of mind
Establishing an estate plan is a deliberate step toward protecting both your well-being and your legacy. While these FAQs offer a practical starting point, every individual’s circumstances are unique. Consulting a qualified attorney helps you create a living will that complies with Arkansas law. By documenting your choices in advance, you secure your peace of mind, knowing that your wishes will be honored even in the uncertainties of the future.