When planning for the future, many people think about writing a will to decide what happens to their assets after they pass away. But what about decisions that need to be made while you’re still alive but unable to communicate? This is where documents like a living will and an advance directive come into play.
If you live in Alamogordo, New Mexico, it’s essential to understand the differences between these two documents. Both are important parts of an estate plan, but they serve different purposes.
What Is a Living Will?
A living will is a legal document that outlines your preferences for medical care if you become incapacitated and cannot express your wishes. This typically includes instructions for:
- Life support measures – Do you want CPR, ventilators, or feeding tubes?
- Pain management – Should doctors provide pain relief even if it shortens your life?
- Do Not Resuscitate (DNR) or Do Not Intubate (DNI) orders – Would you want to be revived if your heart stops or placed on a breathing machine?
A living will only takes effect if a doctor determines that you are permanently unconscious or terminally ill and unable to make decisions. It does not cover temporary medical conditions where recovery is expected.
Creating a Legally Valid Living Will in Alamogordo
Each state has its own requirements for a valid living will. In New Mexico, this document is sometimes referred to as an “Instruction Directive.” To be legally binding, your living will should include:
- Your full legal name and the date.
- A statement confirming you are of sound mind.
- Specific instructions about medical treatments you want or do not want.
- The signature of at least two witnesses or a notary.
Many hospitals and healthcare providers offer standard forms, but it’s best to consult an estate planning attorney to ensure your living will meets all legal requirements.
What Is an Advance Directive?
An advance directive is a broader legal document that includes two main components:
- Living Will – Your medical treatment preferences (as described above).
- Healthcare Power of Attorney (Medical Proxy) – This appoints someone to make healthcare decisions for you if you are unable to do so.
In New Mexico, an advance healthcare directive takes the place of a living will. This means that instead of having separate documents, New Mexico law allows individuals to create one document that combines both a living will and a healthcare power of attorney.
Choosing a Healthcare Proxy in Alamogordo
Your healthcare proxy (also called a healthcare agent) is someone you trust to make medical decisions for you. This person should:
- Understand your medical preferences.
- Be willing to advocate for your wishes.
- Be available in case of an emergency.
Your healthcare proxy can make decisions about medical treatments, surgeries, and other care options that may not be covered in your living will. In Alamogordo and throughout New Mexico, an advance directive is legally required and includes both a living will and a healthcare power of attorney. Read more in our article, Las Cruces Advance Directives and Importance of Advance Care Planning
Why You Need an Advance Directive in Alamogordo
Even if you’re young and healthy, accidents and unexpected illnesses can happen. Without an advance directive:
- Your family may struggle to make medical decisions on your behalf.
- Doctors may provide treatments that go against your wishes.
- There may be confusion or disagreements about what you would have wanted.
Having an advance directive in place ensures your healthcare preferences are clearly documented and legally enforceable.
How to Get a Living Will or Advance Directive in Alamogordo
If you need to create an advance directive in Alamogordo, here’s what to do:
- Consult an Estate Planning Attorney – A lawyer can help ensure your document follows New Mexico law.
- Use New Mexico’s Official Forms – Some online forms are legally valid, but be cautious about using templates that may not comply with state laws.
- Discuss Your Wishes with Loved Ones – Make sure your family and healthcare proxy understand your preferences.
- Store the Document Safely – Provide copies to your doctor, hospital, and trusted family members.
Speak with an Alamogordo Estate Planning Attorney to Create an Advance Directive
A living will and an advance directive are essential documents that protect your healthcare decisions if you’re unable to speak for yourself. If you live in Alamogordo, New Mexico, it’s important to know that an advance directive is the official legal document recognized in the state—it includes both a living will and a healthcare proxy designation.
Planning ahead gives you peace of mind and ensures your medical care aligns with your wishes. If you haven’t created an advance directive yet, request a discovery call with E-Law in Las Cruces to get started.
Reference: The Wall Street Journal (Dec. 2, 2024) “A Living Will Covers Your Most Important Asset: You”
