What is a Living Will? Definition, Purpose, and How to Prepare One

A living will lets you take control of your medical care, even if you can’t speak for yourself. This legal document focuses on the types of treatments you want or don’t want if you’re facing a life-threatening condition or permanent unconsciousness. 

Doctors and loved ones need clear direction during these high-stress situations. Otherwise, you may end up receiving care that doesn’t align with your values. While it’s usually part of a larger estate plan, the living will specifically addresses healthcare decisions before death, not what happens after. 

‍

Key Takeaways

• What It Is: A living will is a legal document that outlines your specific wishes for end-of-life medical care, such as the use of life support, in case you become unable to communicate your decisions.
• How It's Different from a Regular Will: A living will applies to your medical care while you are still alive but incapacitated. A last will and testament dictates what happens to your property and assets after you die.
• When It Takes Effect: It only becomes active if doctors confirm two things: you cannot make or communicate your own decisions, AND you have a qualifying serious medical condition (like a terminal illness or coma).
• Why It's Important: It ensures your values are respected, provides clear guidance to doctors, and relieves your family from the burden of making difficult decisions on your behalf during a stressful time.
• Pair It with a Healthcare POA: For complete coverage, a living will is often paired with a Healthcare Power of Attorney (POA), which appoints a trusted person to make medical decisions for any situation not specified in your living will.

The Basics

A living will generally focuses on life-sustaining treatments, like whether to use machines to keep you alive. Doctors use it if you’re unconscious or mentally unable to make decisions. This usually happens in cases of terminal illness, severe injury, or coma. 

How It Differs from a Last Will and Testament

A last will and testament covers what happens to your belongings after you die. For example: who inherits your house, money, or other assets. A living will is entirely different. It deals with your medical care while you’re still alive but unable to make decisions. Both are important documents, but serve different purposes and are used at different times. 

When and How a Living Will Takes Effect

A living will only takes effect if two things happen: 

1. You can’t make decisions on your own.
2. You have a qualifying medical condition. As mentioned above, typical conditions include being in a coma, facing a terminal illness, or being permanently unconscious.

Before making decisions based on your living will, doctors need to confirm that both conditions are true. Most states require two physicians to agree that you cannot make medical decisions and that your condition meets the legal standard. 

Your living will doesn’t apply until then. You stay in full control of your care for as long as you can speak and make decisions. 

Key Decisions in a Living Will

A living will lets you decide in advance which medical treatments you want if you’re seriously ill and can’t speak for yourself. Important choices include CPR, breathing machines, dialysis, or feeding tubes. You can also say if you want to receive pain medicine, palliative care, or other comfort-focused treatments. 

Some people include instructions about organ and tissue donation, where they wish to receive care (i.e. at home, in hospice, or in a hospital), or preferences based on religion or culture.

How to Create a Living Will

Creating a living will is not as hard as you might think. Below, we’ll cover some basic steps where can put your wishes in writing and make sure they’re legally recognized. The details vary by state, so be sure to check both general rules and your local requirements. 

Legal Requirements

In most states, you must be at least 18 and able to make your own decisions. Verbal instructions generally don’t count, so the document needs to be written and signed. Depending on where you live, you might also need witnesses or a notary. These rules are in place to ensure your decisions are clearly stated and made freely.

State-Specific Rules

Every state has its own process. Here are some examples:  Texas requires two adult witnesses not related to you. New York and Virginia both require two witnesses. Meanwhile, Michigan and Massachusetts don’t require any witnesses at all. Arizona gives you the option of one witness or notary. Check your state’s rules or use a state-specific form. 

How a Living Will Works

When someone becomes seriously ill or unconscious, a living will guides the care they receive. Doctors first confirm that the person isn’t able to make their own medical decisions and meets the conditions listed in the document. Once that’s clear, the care team follows the instructions in the living will. 

Family members and healthcare providers use it to understand what treatments the person wanted or didn’t want. This can include the use of life support or focus on comfort care. In tough situations, hospital ethics committees might step in if there’s disagreement or uncertainty.

Living Will vs. Healthcare Power of Attorney

We’ve covered that a living will outlines the medical treatments you want or don’t want if you can’t speak for yourself. A healthcare power of attorney (POA), on the other hand, lets you name someone to make those decisions for you. 

While a living will covers specific instructions, a POA steps in for anything not clearly outlined. Many people have both. Together, they give transparent direction and name a trusted person to speak on your behalf if needed. 

Here’s a quick comparison:

Benefits of Having a Living Will

A living will removes pressure from your family during a difficult time. Instead of guessing what you may want, they’ll have clear instructions to follow. The last thing anyone wants is more emotion strain. It also gives doctors guidance, so they don’t have to rely on family input. 

According to a 2018 study published in Health Affairs, patients with advance directives were less likely to receive aggressive end-of-life care.

From a financial standpoint, it helps avoid treatments that don’t offer much benefit but come with high costs. It’s also a way to ensure your care reflects your values. This could be focusing on comfort, respecting your religious beliefs, or staying at home if possible. It all be taken care of.

How to Update or Revoke a Living Will

A living will isn’t set in stone. You can change it whenever your situation or preferences change. Life happens, and you should check your document occasionally to ensure it still reflects what you want. 

When to Revisit Your Document

You should review your living will every few years or after major life events. For example:  marriage, divorce, serious illness, or changes in your medical wishes. New laws or advances in medical care might also impact what you want. 

Methods of Revocation

You have a few options if you want to cancel your living will. You can get rid of the article, write “revoked” on it, or create a new one that overrides the old version. Be sure to tell your healthcare providers, agents, and family about the change so everyone’s on the same page. Updating all copies is just as important as making the change itself. 

Planning for Peace of Mind

A living will is one of the most personal and practical steps you can take to guide your future care. It speaks for you when you can’t and helps your loved ones and medical team understand what you want most. Taking the time to put your wishes in writing now eases stress later for you and your loved ones. 

Action Items

‍

‍

FAQs

Does a living will have to be notarized?

Not always. Some states require notarization, while others only need witnesses. Check your state’s specific rules to ensure your living will is valid. 

Is a lawyer needed for a living will?

No, a lawyer isn’t required to create a living will, but it is helpful. Many people use state-provided forms or online templates. Just make sure your document meets your state’s legal requirements. 

Who can override a living will?

In most cases, no one can override a valid living will. However, doctors may refuse to follow it if it goes against hospital policy or medical standards, and courts can get involved in rare legal disputes. 

What is the main drawback of a living will?

The main drawback of a living will is that it may not cover every medical situation. If something unexpected happens that isn’t clearly addressed, doctors and family might still need to make tough decisions. 

‍