Key Takeaways
- A living will is a written statement of the medical treatment you would or wouldn’t want if you’re terminally ill or permanently unconscious and can’t speak for yourself.
- It typically covers life support, CPR, breathing machines, tube feeding, dialysis and comfort care.
- It’s different from a last will and testament, which deals with property after death.
- It works best paired with a health care power of attorney, which names someone to make decisions it doesn’t cover.
- Every state recognizes living wills, but signing requirements, such as witnesses or a notary, vary.
What is a living will?
A living will is a legal document that tells your doctors and loved ones what kinds of medical treatment you want, or don’t want, if you become seriously ill or injured and can’t communicate. Despite the name, it has nothing to do with property. It’s about medical care while you’re still living.
It’s one type of advance directive, the umbrella term for documents that give instructions about your health care in advance. Some states call it a declaration, a directive to physicians or a health care directive. See living will vs. advance directive for how the terms fit together.
When does a living will take effect?
Usually only when two things are true:
- You can’t make or communicate your own decisions, and
- You’re in a condition your living will addresses, typically a terminal illness, a permanent vegetative state or end-stage condition, as certified by doctors under your state’s law.
Until then, you make your own decisions.
What a living will usually covers
- CPR if your heart stops
- Mechanical ventilation (a breathing machine)
- Artificial nutrition and hydration (tube feeding and IV fluids)
- Dialysis
- Antibiotics and other treatments that prolong life
- Comfort care and pain relief, often called palliative care, even if it may shorten life
- Organ and tissue donation, in some forms
Living will vs. other documents
| Document | What it does | When it applies |
|---|---|---|
| Living will | States your wishes about life-sustaining treatment | Terminal illness or permanent unconsciousness when you can’t decide |
| Health care power of attorney | Names an agent to make medical decisions | Whenever you can’t make decisions |
| Last will and testament | Directs who receives your property | After death |
| DNR order | A doctor’s order not to perform CPR | Signed by a physician; applies in a medical setting |
| POLST or MOLST | Doctor’s orders for seriously ill patients | Follows the patient across care settings |
Why you need a living will
- It spares your family an agonizing decision. Without instructions, loved ones may disagree, or carry guilt for whatever they choose.
- It makes sure your values guide your care. Some people want every possible treatment; others prioritize comfort. Both are valid.
- It avoids conflict and court. High-profile disputes over end-of-life care often involve patients who had no written wishes.
How to make a living will
- Think about what matters to you: quality of life, religious beliefs, how you’d feel about long-term life support.
- Talk with your doctor about what treatments mean in practice.
- Complete a living will that follows your state’s requirements; many states require two witnesses, a notary or both.
- Name a health care agent in a medical power of attorney to handle situations your living will doesn’t address.
- Give copies to your agent, your doctor and your hospital, and keep one accessible.
Frequently asked questions
No. A living will covers medical treatment while you’re alive but unable to communicate. A last will and testament covers who receives your property after you die.
No. Many people complete a living will themselves. What matters is that it meets your state’s requirements, such as being signed in front of witnesses or a notary.
Yes, at any time while you’re competent. Destroy old copies and give your doctor and agent the new version.
Most states honor living wills that were valid where they were signed, but some have specific rules. If you move, review it under your new state’s law.
Your health care agent, your primary doctor, any hospital where you’re treated and close family. Keep a copy where it can be found quickly.
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.
- Living Will vs. Advance Directive: What’s the Difference?An advance directive is the umbrella term; a living will is one type. Learn how living wills, health care powers of attorney and advance directives fit together.
- 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.