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A living will helps medical providers know whether and when you want life-prolonging treatments (such as CPR).
People often write living wills after being diagnosed with a terminal illness.
It’s important to have a living will in case you suddenly become incapacitated, such as after an accident.
Table of Contents
A living will helps medical providers know whether and when you want life-prolonging treatments (such as CPR).
People often write living wills after being diagnosed with a terminal illness.
It’s important to have a living will in case you suddenly become incapacitated, such as after an accident.
A living will is a legal document describing medical treatments you want and do not want if you become unable to communicate. Living wills help ensure medical providers follow your wishes if you’re incapacitated. Typically, you can revoke a living will if you become able to make decisions.
A living will is a type of advance directive, which is an umbrella term for health care documents that give instructions for future medical care, including health care proxy designations.
A living will is not the same as a last will and testament, which contains your instructions for how to distribute your property and appoint guardians for your minor children after your death.
Though a living will is technically a type of advance directive, it contains instructions about your treatment preferences, also called “advance directives,” which address specific medical situations.
How to write a living will
1. Start with the required elements.
An estate planning attorney can help you write a living will and other medical directives, but you also can create a legally binding health care document with estate planning software. Although legal requirements for living wills vary by state, living wills generally include the following:
Your legal name 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.
Your signature.
2. Add advance directives.
Living wills typically have advance directives, which address your wishes in extreme medical situations such as dementia, comas and strokes. You can describe your preferences for specific medical treatments. 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.
A living will’s directions could be too narrow to be useful in some medical situations if it contains dated language. Speak to your health care provider about recommended language to avoid confusion, and consider naming a health care proxy to advocate for you in scenarios your living will doesn’t cover.
3. Consider a medical power of attorney (health care proxy).
You can give a person you trust a power of attorney designation — sometimes called a health care proxy — to allow them to make medical decisions for you if you are unable to do so. This person can use your living will as a guide to make immediate 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 itself — you’ll need to craft a separate legal document.
4. Understand your state’s requirements.
States have a say in what a living will covers. In New York, for example, living wills are not addressed by any legal statute, though the state's highest court has upheld them as long as the documents provide "clear and convincing" evidence of the person's wishes.
Many states have additional requirements for decisions about life-sustaining medical treatments. For example, a second physician may have to confirm your doctor's assessment that you are incapable of making treatment decisions.
on Trust & Will's website
Living will vs. will
The main difference between a living will and a last will and testament (will) is who uses the document and when. Medical providers will consult your living will for information about your wishes, with the input of your health care proxy, for medical care if you become incapacitated.
An executor will consult your last will and testament for instructions about how to distribute your assets and care for your children when you die.
