Have you yet to prepare your wills, including a living will? If so, you're not alone.
A press release on the 2025 Trust & Will Estate Planning Report published by PRNewswire.com revealed that 55% of Americans do not have any estate documents. Moreover, only 31% have a will.
Unfortunately, without living wills, seniors risk having healthcare and end-of-life decisions made on their behalf that could be against their wishes. For this reason, everyone, especially older adults, should never delay establishing these written legal instructions.
To that end, the caring team at Signal Mountain Senior Living, our senior living community in Chattanooga, TN, put together this guide on living wills. Read on for insights into their importance and tips on establishing them.
Before 2004, Tennessee used the term "living will" to refer to a form for advance directives regarding healthcare decision-making. However, as Memphis Public Libraries explains, the state revised the forms and laws for its living will and medical power of attorney in 2004.
One change was in the terms used. What used to be a "living will" is now what you call an "advance care plan" in Tennessee. The state also revised the term healthcare power of attorney and now refers to it as "appointment of a healthcare agent."
In the U.S., making personal healthcare decisions is a human and federally protected right. As the National Library of Medicine explains, federal regulations, such as 45 CFR 46 and 21 CFR 50, require healthcare providers and researchers to obtain informed and voluntary patient consent.
The problem is that many things can make a person unable to make such decisions themselves.
An example is suddenly becoming too ill to make sound healthcare choices. Another is getting into an accident that leaves someone unconscious.
Such situations can lead to someone else deciding for another unless the patient has a living will. With one in place, Chattanooga seniors can ensure the following.
A living will or advance care plan is a senior legal planning tool that enables adults to specify their medical treatment and end-of-life care preferences. With this document, older adults can ensure their families and healthcare providers will respect their wishes if they become incapacitated.
Since a living will clearly outlines a senior's wishes about their preferred medical treatment in the event of their incapacitation, it:
As a result, loving family members can focus on providing exceptional care. They can make the most and enjoy their time with their older loved ones instead of feeling overwhelmed and anxious about medical decision-making.
Within a living will, older individuals in Chattanooga, TN, can specify whether they want to undergo treatment if they develop specific health conditions.
Let's use moderate to severe traumatic brain injuries (TBIs) as an example. According to the U.S. CDC, about half of people who develop such injuries pass on within five years of their injury or experience further declines in their daily lives. After all, TBIs can lead to lifetime or permanent changes in a person's:
Considering that TBI can lead to significant suffering not just in the person who has it but also in their caregivers and loved ones, some seniors may choose not to want further treatment if they develop a severe form of this condition. Rather than prolong everyone's anguish and hardship, they may specify in their living will that they want to refuse treatment if, for instance, they fall into a coma due to a TBI.
Tennessee seniors, including Chattanooga residents, who wish to establish a living can download the advance care plan form from the official Tennessee government website. They must sign the forms before a notary or two witnesses to ensure they become legally binding. The witnesses must not be relatives by blood, marriage, or law (e.g., adoption).
Here are other practical tips for establishing living wills.
Older adults should consider personal preferences and values when determining their advance directive. Here are some questions you can ask to help you establish your desired health and medical treatments:
Regularly review and modify your advance care plan, as your preferences, needs, and views might change over time. For instance, suppose you initially wanted to refuse treatment for a specific condition. However, a scientific breakthrough has changed your mind.
Lastly, please remember that there's no such thing as creating a living will too early. You should establish one as soon as possible, even if you're in relatively good health and still enjoy participating in senior-centered events and activities. Accidents and severe health problems can occur unexpectedly, so you'd want an advance directive to help your loved ones know what to do regarding your health care.
A living will (or advance care plan) lets older adults maintain autonomy by specifying their healthcare preferences. It also reduces the burden and need for caregivers to make healthcare decisions for their loved ones.
If one of your care-related choices is moving to a senior living community, we encourage you to explore Signal Mountain Senior Living. We have an assisted living and memory care enclave in Chattanooga, TN.
Here, our residents enjoy their golden years to the fullest, thanks to our personalized care and numerous on-site amenities, including chef-prepared meals and fun events and activities.
Reach out today, and we'll happily give you a tour of our community!