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Many people will put off the writing of a Living Will thinking that their family will be able to agree on the most appropriate care. Countless press articles suggest that the 30 minutes or so that it will take to prepare a Living Will is time very well spent. Another article published this week demonstrates the anxiety that end of life care decisions can place on a family.

As a Life Ebbs, the Ultimate Family Quarrel

October 28, 2004
PAM BELLUCK
NY Times

Geraldine Reardon's medical nightmare sneaked up like a cruel and crippling ambush. Mrs. Reardon, an otherwise healthy 66-year-old, went to the hospital last October for a routine hernia operation. Days later, a ravaging infection set in. It corroded her fingers and toes with gangrene and forced doctors to medicate her into a coma to spare her unbearable pain. 

But Mrs. Reardon's condition did something else, too. It forced her daughter and son to decide whether their mother should live or die. Should they authorize treatment that would save Mrs. Reardon's life but involve months of surgery and the amputation of most or all of her hands and feet? Or should they remove her respirator and feeding tube, hastening her death on the assumption that she would rather die than live like that? 

Mrs. Reardon's daughter, Jacki Folger, and her son, David Reardon, sharply disagreed over what to do. And the decision was made harder by their strained, complicated, sometimes stormy relationship.

Ms. Folger, 47, was close with her mother and was an emotional anchor to family and friends here in Lancaster, a rural community west of Boston. Mr. Reardon, 46, was working to repair family wounds stemming from a past that included a long-ago conviction for brandishing an ax at a police officer, and a court order granting custody of Mr. Reardon's son to Ms. Folger.

The crisis posed by Mrs. Reardon's condition and her family's rocky history was daunting but hardly unusual, doctors and other experts say. Medical advances are forcing more patients and families to confront ever more grueling choices about living and dying. Such advances offer the hope of saving desperately ill patients but can also result in patients surviving in such severely compromised conditions that families become painfully confused.

This inevitably exposes or creates family conflicts, which then make urgent medical decisions even more difficult, a wrenching cycle that can tear families apart. In addition, doctors often disagree about how to treat such patients, and living wills often fail to resolve critical questions.

"Every hospital in the country has families going through this all the time now," said Dr. Erik Steele, vice president for patient care services at Eastern Maine Medical Center in Bangor, where a recent case involved four siblings so divided over whether to keep their 88-year-old mother alive that they first put her on a respirator and then took her off it.

"This is going to be an issue more and more for us, and I think it's an issue almost unique to our generation," Dr. Steele said. "For the first time, we have this degree of technical ability to keep people alive without the ability to always restore them to good health. At the same time we have a much higher expectation of what health care can do." 

While families often seem to pull together when dealing with treatable illnesses, they often splinter over an end-of-life decision, experts say. Old frictions surface and new ones form, based on family relationships and different ideas of what makes a life worth living. Living wills, advance directives and health care proxies are intended to resolve crucial questions about what a patient would want, but they often fall far short.

In Mrs. Reardon's case, a conflict between her children erupted quickly and festered. Mr. Reardon wanted doctors to operate on his mother and keep her alive. Ms. Folger felt strongly from past conversations with her mother that she would not want to live under those circumstances. An uncle, Marc Gulliver, Mrs. Reardon's brother, said that Mr. Reardon, who declined to be interviewed for this article, "was more remorseful about losing his mother" because he had "unfinished business" to resolve with her. 

"Their relationship was beginning to get stronger," Mr. Gulliver said. "He was seeing her more often. And suddenly to have her ripped away from him was very difficult." 

Family conflicts over end-of-life decisions are more likely to be personal than philosophical, doctors, nurses and social workers say. They can reflect fault lines between relatives or emotions long buried. 

Many practitioners who deal with such families have noticed a curious pattern: The relative most distant or estranged from the patient is often the one most reluctant to let the patient die.

Emotional distance can aggravate things even more than physical distance.

"People who have been long estranged from others, when they're at death's door, want to come in and rescue them," said Dr. David Kaufman, chief of critical care medicine at St. Vincent Hospital in Worcester, Mass., where Mrs. Reardon was treated. 

Writing a living will or designating a health care proxy or surrogate can help families understand the patient's general inclinations and philosophy. But "some decision will come up that you haven't discussed," said Dr. Karen O. Kaplan, president and chief executive of Partnership for Caring, an organization that works to improve care for dying patients. 

At the same time, Dr. Kaplan tells people making living wills, "you don't want to be too specific - like saying no antibiotics, for example - because then you tie the hands of your doctors."


Create your Will, Power of Attorney and Living Will online at https://www.legalwills.ca/.


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How It Works

When you create a Will or legal document at LegalWills, you can designate up to 20 different Keyholders®. Your chosen Keyholders® will be given the trust and power to unlock specific information within your account such as health care directives, funeral wishes, final messages, uploaded files, Power of Attorney, or Last Will and Testament.

You can also implement security mechanisms to prevent premature access to these documents. The entire process of creating your Will and other legal documents at LegalWills is seamless and iterative, meaning you can continue to make changes until you're happy with the final product.

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Make any changes to your documents using our online service.

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Frequently Asked Questions

There is no requirement to use the services of a lawyer or notary public to prepare your own estate planning documents, including your Last Will and Testament.

The law that defines the legality of a Will is written specifically for each Province, State and Country, but in summary the law requires that the Will is written on a piece of paper and signed in the presence of two witnesses who cannot be beneficiaries to the Will.

Lawyers can certainly help you to prepare your Will, but everybody has a legal right to write their own Will. If you create a document using our service, it must be printed, signed and witnessed according to our instructions, and then it becomes a legal Last Will and Testament.
Quite simply, because we do not provide you with legal advice.

We are giving you direct access to the same software that lawyers use to prepare their documents, but you are doing it yourself. However, if you need custom clauses written to cover an unusual situation, we cannot do that, and we recommend that you seek legal advice. For example, if you have a child with special needs, they would need a trust written for their inheritance. We don't do that.

In most cases, a document written using our service will be word-for-word identical to one prepared by a lawyer.

For a more thorough explanation, please read our blog article: The Cost of a Will in Canada – Explained.

There are no other payments required to prepare your legal Will. You can have a legal Will in your hands for $49.95CAD with nothing else to pay, ever.

What other options are there?
If you wish, you can have your Will reviewed by one of our lawyers for $69.00CAD. Most people do not need this, and would not benefit from it, but if you have selected an option such as "None of the above. Let me describe in detail how to distribute my estate.", then you may want to consider this. (Currently not available in Ontario.)

Your Will must first be printed, and then signed in the presence of two witnesses. If you do not have access to a printer, we can print it for you and mail it out. The cost for this is $9.95CAD, but again, most people do not need this option.

We also offer other services like MyLifeLocker™, a Financial Power of Attorney, and a Living Will. They are not required, but they may be useful to you depending on your situation.

What about document storage?
We do not store physical documents, but we allow you to maintain an account with us if you want to update your document in the future.

The Will service costs $49.95CAD. With this payment, you are able to prepare your Will. It also gives you one year of unlimited updates to the document. You are able to print the document as often as you wish during that first year. You can download it as a PDF or Word file, but to make your document a legal Will, it must first be printed, and then signed in the presence of two witnesses. The online version is there for your convenience only.

If you choose not to maintain an account with us after the first year, your initial payment is all you will ever pay. We do not keep credit card details on file and cannot automatically charge beyond this initial payment.

If you wish, you can choose to store your documents online for longer than a year, which will make it easier to make updates in the future to reflect any changes in your personal or financial situation (rather than returning to a lawyer each time). This is of course optional, but it does make the process of maintaining your document more convenient. $11.95CAD will give you one additional year of updates, or you can purchase multiple years: 5 years at $29.95CAD, 10 years at $39.95CAD, 25 years at $79.95CAD ($3.20CAD per year).

Every time you make an update to your Will, it must first be printed, and then signed in the presence of two witnesses again. If you choose not to maintain an account with us, you will always have your printed, signed document. If you don't need to make changes to that document, it will last you for the rest of your life, whether or not you have an account with us.

What happens if I don't maintain an account, and then in a few years I need to update it?
If your account has not been touched in years, and it is inactive, we reserve the right to remove the account. You will receive an email notification that your account might be removed. However, in practice, we have never actually removed any accounts in our over 25 years of operation.

So, in all likelihood, you will be able to simply login to your account and pay $11.95CAD to reactivate it. This will give you one year of unlimited updates from the date of payment. (You will not have to pay for your inactive years.)

Yes.  A Power of Attorney (also known as a Power of Attorney for Finances) and Living Will (also known as a Power of Attorney for Health Care), are very important documents that should be created and updated at the same time as your Will.

This website allows you to create a Will, Expatriate Will, Power of Attorney and Living Will .
Here are just a few differences:

  • We have designed our legal document creation services to be of the best quality available today.    We have evaluated many existing do-it-yourself kits and web-based services, including several of the most popular Canadian legal will kits. We were shocked by the poor quality, limited instructions, and low value for money that many of these do-it-yourself kits provide consumers. 

  • Incredible value for money.   Our membership pricing model allows us to provide you with the most value for your money at prices that are unprecedented in the legal industry. We worked with lawyers to bring you this service, and we paid for their legal services so you don't have to. 

  • Plain language help and instructions.  In addition, all of our services provide you with complete instructions and answer your questions in everyday language, free of legal industry jargon.  We have developed our services based on the requirements of the public, not dictated by the legal profession.  Our wizards, help and information are also designed to be the best on the market and are kept up-to-date on an ongoing basis.  

  • Create your Will from the comfort of your own home.  No lawyer required.  Our unique approach allows you to make use of the ultimate convenience of the Internet to write your Will at your own pace, online, and to make changes online at any time free of charge. 

  • Free unlimited updates.  Don't pay a lawyer every time you need to update your Will. We allow your Will to be kept securely online so that you can make free unlimited updates for as long as you are a member.

  • You can still have it reviewed by a lawyer. We have worked with lawyers in Canada to bring you these services and to ensure that they are of the highest quality. But if you wish, we can still arrange for your documents to be reviewed by one of our lawyers, who will check the documents for consistency and completeness. (Currently not available in Ontario.)

  • The Keyholder® Advantage. You can take advantage of our unique messaging service which allows you to describe the exact location of your Will and to provide a detailed list of assets for your Executor. All for no extra charge. When you pass away, let us worry about communicating this information to the people you specify. There is simply no other company that provides such a complete and convenient service to their customers. For more information, read about The Keyholder® Advantage .

  • We employ a strong focus on protecting the privacy and security of your information.   We use industry standard encryption algorithms for storing all of your private information, and the design of our services ensures that the contents of your information are made available to the specific people designated by yourself, and only at the appropriate time. 

  • Keep informed and up to date.  If you wish, we can inform you by email about any changes in legislation which may have occurred in your jurisdiction that may require changes to your Will.  Or we can send you simple email reminders, no more than once a year, to remind you to consider updating your Will if any significant changes have occurred in your life.  

Other websites and do-it-yourself kits simply do not compare.

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