Estate Planning News

Living-Wills Legislation Gains Broad Support

WASHINGTON - There's growing support among Democrats and Republicans in Congress, and key advocacy groups, including the AMA, to pass legislation to make it easier for Americans to get and fill out advance directives.

Given recent tragic events and a study showing that only one in five Americans have living wills, Senators Bill Nelson (D-FL) and Hillary Rodham Clinton (D-NY) today called upon their colleagues to act on Nelson's Senate measure. And Representative Sander Levin (D-MI) announced plans to introduce a companion bill in the House.

"If there is a lesson to be learned from the tragic events of the past few weeks, it is the importance of having a living will," said Clinton, at a Capitol Hill news conference with Nelson and other lawmakers. "It's not an easy thing to confront one's own mortality, but it's essential that people face these issues now so that their loved ones have a clear understanding of their wishes. A living will gives voice to the will of a loved one."

"This legislation is an important next step to ensure that a person's advance directive is known and respected," said Levin, who coauthored a law in 1990 requiring hospitals and others to inform patients about living wills. "It has become increasingly clear that the public needs and wants more information in order to make their own personal decision about end-of-life care."

Nelson's legislation would cover a doctor visit for Medicare beneficiaries to discuss end-of-life medical preferences. It also would fund a public-education campaign under the Department of Health and Human Services to increase awareness of living wills among Americans of all ages.

"Although Terri Schiavo wasn't able to speak, she was able to educate an entire nation about the need to spell out their wishes in a living will," Nelson said. "Congress should make it easier for all Americans to complete this important document."

In addition to Senators Nelson and Clinton, Senators Dick Lugar (R-IN), Jay Rockefeller (D-WV), Jeff Bingaman (D-NM), Tim Johnson (D-SD) and Susan Collins (R-ME) are co-sponsoring the bill. Representatives Vic Snyder (D-AR) and Benjamin Cardin (D-MD) are joining Levin's effort in the House.

"Though it is a difficult subject for both you and your family, it is necessary to discuss end-of-life decisions," said Snyder, a family physician. "With the right information and guidelines, creating advance directives now can help you, your family, and your doctor in the future."

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	Did You Know?
	A "Family Limited Partnership" can be used to own and manage your property In a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize federal and state estate/death/inheritance taxes as well as provide elements of asset protection.