Key Takeaways
- Advance directive is the umbrella term for any document that gives instructions about your future medical care.
- A living will is one type of advance directive: it states your wishes about life-sustaining treatment.
- A health care power of attorney (health care proxy) is another type: it names someone to make medical decisions for you.
- Many states combine both into a single “advance directive” form; others keep them separate.
- Most people need both pieces: written wishes and a person to carry them out.
The short answer
All living wills are advance directives, but not all advance directives are living wills.
Think of “advance directive” as the category. Inside it are two main documents:
- A living will, which records what you want
- A health care power of attorney, which names who decides
How the documents fit together
| Advance directive | Living will | Health care power of attorney | |
|---|---|---|---|
| What it is | Umbrella term for advance medical instructions | Written treatment wishes | Appointment of a decision-maker |
| Names a person? | Depends on the form | No | Yes, an agent and usually an alternate |
| Covers | Whatever the documents inside it cover | Life-sustaining treatment at the end of life | Most medical decisions when you can’t decide |
| When it applies | When you can’t make your own decisions | Usually terminal illness or permanent unconsciousness | Whenever a doctor finds you can’t decide |
| Other names | Health care directive, advance health care directive | Declaration, directive to physicians | Health care proxy, medical power of attorney |
Why you usually need both
A living will can’t anticipate every situation. It typically covers end-of-life decisions, not the many other choices that come up after an accident or stroke, such as surgery, rehab or which facility to use. A health care agent can make those decisions using your living will as a guide.
On the other hand, an agent without written instructions has to guess. A living will gives them, and your doctors, clarity and backing if family members disagree.
Combined forms vs. separate documents
Some states provide a single statutory “advance directive” form that includes both a living will section and an agent appointment. Others use separate documents. Either approach works, as long as it meets your state’s signing rules, which commonly require two adult witnesses, a notary or both.
Federal law also requires hospitals and nursing homes that take Medicare or Medicaid to ask patients whether they have an advance directive and to give them information about their rights, so expect to be asked when you’re admitted.
What about DNR orders and POLST?
These are medical orders, not advance directives. A do-not-resuscitate (DNR) order or a POLST (Physician Orders for Life-Sustaining Treatment) form is signed by a doctor, usually for someone who is already seriously ill, and tells emergency and hospital staff what to do right now. Your advance directive helps you and your doctor decide what goes in those orders.
Getting started
- Learn what goes in a living will
- Choose your agent and read our medical power of attorney guide
- Add a HIPAA release so your family can get information
Frequently asked questions
A living will is one kind of advance directive. “Advance directive” is the broader term that also includes a health care power of attorney.
Most people benefit from both. The living will states your wishes; the health care power of attorney names someone to make decisions, including ones your living will doesn’t cover.
Yes. A health care proxy, also called a health care power of attorney, is a type of advance directive.
It depends on your state. Many require two witnesses, some require a notary, and some accept either.
No. A DNR is a doctor’s order about CPR. An advance directive is your own document stating your wishes and naming your decision-maker.
Keep reading
- Estate Planning Checklist: The Documents Everyone NeedsA plain-English estate planning checklist: the will, living will, powers of attorney and other documents everyone needs, plus what to organize and when to update.
- What Is a Living Will? How It Works and What to IncludeA living will records your wishes about life-sustaining treatment if you can't speak for yourself. Learn what it covers, when it applies and how it differs from a will.
- Will vs. Trust: Which Do You Need?Compare a will and a revocable living trust on probate, privacy, cost and control. Learn when a will is enough and when a trust makes sense.
- What Happens If You Die Without a Will?If you die without a will, state intestacy law decides who inherits, who manages your estate and who raises your kids. Here's what typically happens.
- Funeral Planning Checklist: How to Plan AheadA step-by-step funeral planning checklist: burial or cremation, the service, costs, paperwork and how to make sure your family can find your wishes in time.
- How to Avoid Probate: 6 Common StrategiesProbate can be slow, public and costly. Learn six common ways to pass assets directly to your heirs, from beneficiary designations to a living trust.
- How to Choose an Executor for Your Will (and What They Do)Your executor carries out your will. Learn what an executor does, who makes a good choice, and the mistakes to avoid when naming one.
- Pet Trust: How to Provide for Your Pets After You’re GonePets can't inherit money, but a pet trust can fund their care. Learn how pet trusts work, how they compare with a will, and how to choose a caregiver.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.