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A living will, what is it?

A living will, what is it?

OOSTERHOUT. In the municipality of Oosterhout, some 1,700 informal caregivers are registered with Surplus. They care for a neighbor with a chronic illness, disability or mental illness. These caregivers can come to us with all their questions. Many of these questions are about worries about the future, for example in the case of dementia. “What should we arrange?” Attorney Zuzanna Visvalingam of Rijppaert & Peeters Lawyers explains this topic.

A living will is a drafted and signed document. In it, a person can arrange his or her wishes that apply during life. Contrary to what many people think, this does not have to be a notarized document. A living will is particularly important if an unexpected situation arises that prevents someone from making independent choices about his or her own life. Zuzanna Visvalingam: “Think for example of the situation when someone is confronted with a serious accident or an illness such as dementia. A living will can then offer a solution. In fact, with a living will, someone else, such as a family member or close friend, can be authorized to make decisions on behalf of the person who is limited or ill, and thus represent his or her wishes and interests.”

What is the difference between a living will and an ‘ordinary’ will?

The difference between a living will and an ‘ordinary’ will is simple. A living will applies only during life. An ‘ordinary’ will deals with the period after death and operates only from the time of death. Thus, a living will and an ‘ordinary’ will are not mutually exclusive. Indeed, they can coexist. Zuzanna Visvalingam: “In that case, it is advisable to have the living will and the ‘ordinary’ will align so that they merge.”

Medical Affairs

A living will can regulate a variety of matters. These include medical matters such as how to deal with resuscitation, granting permission for medical treatment, euthanasia and organ donation. If medical matters are arranged in a living will, it is wise to also discuss these wishes with the (family) physician, so that the wishes are also noted in the medical record.

Financial matters

In addition, financial matters can be arranged in a living will, such as who will take over arranging banking if necessary. Other topics may include filing tax returns, managing and/or selling belongings and/or stocks, making donations and making decisions about a possible move to a care facility.

Other matters

Other examples of matters that can also be included in a living will include sharing information with friends and family, appointing a (temporary) guardian over one or more child(ren), caring for pets, canceling insurance policies and gaining access to an e-mail account or Facebook account.

Get advice

It is important that medical, financial and/or other important matters are properly arranged in a living will and/or in an ‘ordinary’ will. It is therefore wise to seek tailored (legal) advice on these matters.

Estate videos

Want to learn more about an estate? In a video, Zuzanna Visvalingam explains how a move to a care facility can affect an estate. Another video discusses what to do with an estate: accept or reject? Watch these videos via the YouTube channel @SurplusMantelcare.

Caregiver? Sign up!

Sign up as a family caregiver by emailing mantelzorg.oosterhout@surplus.nl Registered family caregivers receive monthly information on a variety of family care topics.

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