A living will is a legal document that describes a person’s wishes regarding medical treatment in the event they become unable to communicate or make decisions for themselves. It is one of the most important documents in any estate plan and gives healthcare providers and family members clear guidance about what medical interventions a person does and does not want at the end of life.
Despite its name a living will has nothing to do with distributing assets after death — that is the purpose of a last will and testament. A living will is entirely focused on healthcare decisions made while a person is still alive but unable to speak for themselves.
What a living will does
A living will allows you to document your wishes regarding specific medical treatments and interventions in advance. It takes effect only when you are unable to make or communicate your own medical decisions — for example if you are unconscious, in a coma, or in the final stages of a terminal illness.
As long as you are conscious and able to communicate you retain full control of your medical decisions regardless of what your living will says. The document only comes into play when you cannot speak for yourself.
What a living will covers
A living will typically addresses the following types of medical interventions:
- Cardiopulmonary resuscitation — CPR — whether you want CPR performed if your heart stops or you stop breathing
- Mechanical ventilation — whether you want a machine to breathe for you if you cannot breathe on your own
- Artificial nutrition and hydration — whether you want a feeding tube or IV fluids if you cannot eat or drink on your own
- Dialysis — whether you want kidney dialysis if your kidneys fail
- Antibiotics and other medications — whether you want aggressive treatment for infections or other conditions
- Comfort care and pain management — your wishes regarding palliative care and pain relief
- Organ and tissue donation — whether you wish to donate organs or tissue after death
- Blood transfusions — whether you consent to receiving blood transfusions
Living will vs last will and testament
These two documents are frequently confused because of their similar names but they serve entirely different purposes:
- Living will — a healthcare document that describes medical treatment wishes. Takes effect while you are alive but unable to communicate. Has nothing to do with distributing assets.
- Last will and testament — an estate planning document that describes how you want your assets distributed after death. Takes effect after you die.
Both documents are important parts of a comprehensive estate plan but they serve completely different functions.
Living will vs healthcare power of attorney
A living will and a healthcare power of attorney are both advance directive documents but they work differently:
- A living will is a written statement of your specific medical wishes. It speaks for you when you cannot speak for yourself.
- A healthcare power of attorney names a specific person — called your healthcare agent or proxy — to make medical decisions on your behalf when you are unable to do so.
A living will tells healthcare providers what you want. A healthcare power of attorney tells them who should decide for you.
Having both documents together provides the most complete protection. A living will gives specific guidance for anticipated situations. A healthcare power of attorney gives your agent the flexibility to make decisions in situations your living will may not address.
Why a living will is important
Without a living will family members and healthcare providers may not know your wishes regarding medical treatment at the end of life. This can lead to:
- Family conflict over what treatments to pursue or discontinue
- Medical providers defaulting to aggressive life-prolonging treatment that may not reflect your wishes
- Unnecessary suffering if you receive treatment you would not have wanted
- Emotional burden on family members who must make difficult decisions without guidance
A living will removes the burden of these decisions from your loved ones and ensures your wishes are honored.
How to create a living will
Requirements for creating a valid living will vary by state but generally include:
- The person creating the document must be at least 18 years old and of sound mind
- The document must be written and signed by the person creating it
- The signature must be witnessed by at least two adults in most states — witnesses typically cannot be family members, heirs, or healthcare providers
- Many states require notarization
- Some states have specific official forms that are recommended or required
Many states provide free official living will forms through their department of health or state bar association websites. The organization CaringInfo — a program of the National Hospice and Palliative Care Organization — provides free state specific advance directive forms at caringinfo.org.
Where to keep your living will
Once completed your living will should be kept in a safe but easily accessible location. Recommended steps include:
- Keep the original at home in an accessible location — not in a safe deposit box where it cannot be reached in an emergency
- Give a copy to your healthcare agent
- Give a copy to your primary care physician to be placed in your medical records
- Provide a copy to any hospital or care facility where you receive treatment
- Register with your state’s advance directive registry if your state has one
- Carry a wallet card indicating that you have a living will and where it can be found
Updating your living will
A living will can be updated or revoked at any time as long as you are mentally competent. It is a good idea to review your living will periodically — especially after a major health diagnosis, a significant change in your medical condition, or a change in your wishes. Make sure your healthcare agent and physician are aware of any updates.
Talking to your family about your living will
Creating a living will is only part of the process. It is equally important to have a conversation with your family and healthcare agent about your wishes. Documents alone cannot replace the clarity that comes from a direct conversation about your values and priorities regarding medical care.
Many people find that having this conversation — while difficult — brings significant peace of mind to both themselves and their loved ones.
For those beginning the estate planning process these resources are helpful starting points. A fireproof document bag or home safe is essential for storing your original will and other important documents. Estate planning guides like Nolo’s Plan Your Estate provide plain-English guidance that complements the advice of a licensed attorney.
Key terms to know
- Living will — a legal document describing a person’s medical treatment wishes when they are unable to communicate
- Advance directive — an umbrella term that includes living wills and healthcare powers of attorney
- Healthcare power of attorney — a document naming a person to make medical decisions on behalf of another
- Healthcare agent or proxy — the person named in a healthcare power of attorney
- Palliative care — care focused on relieving symptoms and improving quality of life
- CPR — cardiopulmonary resuscitation, an emergency procedure used to restore heart and breathing function
- Mechanical ventilation — the use of a machine to breathe for a patient who cannot breathe on their own
Sources
- National Institute on Aging — Advance Care Planning
- CaringInfo — National Hospice and Palliative Care Organization — caringinfo.org
- American Bar Association — Public Resources
- USA.gov — Estate Planning
This article is for general informational purposes only and does not constitute legal or medical advice. Laws vary by state. Consult a licensed attorney or healthcare provider for guidance specific to your situation.