Living Will: Advance Health Care Directive Meaning & Use

A living will is a legal document outlining your preferences for medical treatments. Living wills guide medical providers to make decisions that follow your wishes if you’re incapacitated, such as in a coma or with late-stage dementia, for example ^[0]

Without a living will, your loved ones may have to make important health care decisions for you in a crisis without knowing your preferences, or may disagree over what they think you would want. Living wills aren’t just for older adults or those with terminal illnesses; they can help anyone over 18 ensure their preferences are upheld in emergencies.

A living will is also a type of advance directive, a set of health care documents that give instructions for future medical care. The other main advance directive is a health care proxy, which names a trusted person to advocate for your decisions. Typically, you can revoke a living will and override a health care proxy if you regain the ability to make decisions.

» More: Estate planning: A 7-step checklist

1. Access a living will template or form.

You can create a living will through any of the following methods:

• Download your state’s living will template and fill it out. The AARP provides a directory of living will forms for each state.

• Use estate planning software to draft a living will. Many online will makers include living wills and other advance directive documents with a will or trust package.

• Consult an estate planning attorney to help tailor the document to your needs and your state’s legal requirements.

2. Add directives.

Living wills contain specific directives that address your wishes for medical treatments in situations such as dementia, comas and strokes. For example, a living will commonly outlines a person’s wishes for:

• Resuscitation efforts in the event of incapacitation.

• Life-prolonging procedures if survival is unlikely.

• Care you do or don’t want, such as mechanical ventilation, feeding tubes or kidney (dialysis) machines. 

• Organ donation. 

• Religious or philosophical considerations you would like observed in these situations.

3. Make it legally binding.

Requirements can vary by state, but living wills generally include the following:

• Your legal name, signature and the date the living will was drafted.

• A statement that you are mentally competent enough to prepare a living will.

• The name of your health care proxy.

• A signed statement from two witnesses.

Some states may also require you to get a living will notarized. Make sure to print several copies and give them to your primary care physician, relevant health care providers and health care proxy. You can also file a copy with your local hospital^[0]

Living wills are one type of advance medical directive.  Others can work with a living will to ensure your wishes are honored in any health care scenario.

Medical power of attorney (POA) or health care proxy

You can give a person you trust a medical power of attorney designation — sometimes called a health care proxy — to allow them to make medical decisions for you if you cannot. This person can use your living will as a guide to make decisions in consultation with your doctors, based on your medical situation.

A health care proxy may be especially helpful if your state places limitations on living wills. In some states, you can’t name a health care proxy in your living will — you’ll need to craft a separate legal document^[0]

POLST/MOLST form

A portable order for life-sustaining treatment (POLST), or medical order for life-sustaining treatment (MOLST) in some states, is a brightly colored form you keep on your refrigerator. It contains instructions for emergency medical personnel.

A POLST (or MOLST) is similar to a living will because both document your preferences for your medical care, but a POLST is only for emergencies and is more common in nursing homes or for those with terminal illnesses.