What is a Living Will?
A living will is a written document that states the type of medical care you do or do not want to receive if you become incapacitated. A living will is sometimes also referred to as an advance health care directive or medical directive. A living will only applies to medical and health care decisions. A living will does not affect the disposition of your property or assets and should not be confused with a will or living trust. For more information about making a living will or health care directives, see our Living Will page.
Using Statutory Living Wills or State Health Directive Forms
Most states have developed form documents that can be used to create your Living Will and Durable Power of Attorney for Health Care. Some states combine the two types of documents into one form. If you are using one of these state forms, rather than having an attorney prepare one for you or creating your own form, you can write additional information on the form regarding your preferences if you find something you want to address is not covered on the form.
Executing Your Health Care Directives
Ensure your health care directives are executed in accordance with the requirements of your state. In most states, your health care directives must signed in front of a notary, but some states also require that you sign them in the presence of witnesses. Check the laws of your state before finalizing the documents. For links to living will and advance directive forms by state, visit our Medical Decision Laws page.
When to Update Your Living Will
You should review and update your health care directives anytime you have a major life change such as marriage or divorce, changes in your health condition, moving to another state or country, and changes in your relationship with your agent. It is also a good idea to review your health care directives every few years and determine if your state has adopted revised living will forms. Provided you are of sound mind, you can change your health care directives at any time by properly executing new ones in accordance with the laws of your state.
If you update your health care directives, destroy the old versions and keep the original in a location where your healthcare agent can find it. You may also want to provide copies of your new living will to your health care providers, hospital, HMO or insurance plan representative, and family members. Keep a record of the people and institutions that received a copy of your health care directives so you can provide them an updated version should you change your directives in the future.
Do Not Resuscitate Orders or DNR's
A Do Not Resuscitate Order or DNR is a separate legal document that is different than a living will or health care directive. If you have a terminal illness or do not want to receive CPR for other reasons, you may wish to execute a DNR in addition to a living will. If you execute a living will or health care directives, make sure they are consistent with any Do-Not-Resuscitate Order you have. For more information, visit our page on DNR Orders.
Preferences regarding Organ Donation
If you have questions about becoming an organ donor or how to document your preferences regarding organ donation, visit our Organ Donation page.
Why You Need a Living Will
Whether you are young or old, sometime during your life you could become disabled or incapacitated in a way that prevents you from communicating. If this happens to you, you may be unable to tell your health care provider or family your preferences regarding various types of medical treatment, such as blood transfusions, pain-relieving drugs, drugs to treat a disease or illness, diagnostic tests, surgery, life support or life sustaining medical care such as respirators, hydration, and intravenous nutrition, and whether you wish to be revived by medical procedures such as CPR.
For example, if you are concerned about the huge financial burden that might be placed on your family if you are on life support for an extended period of time, you may want to use a living will to put limitations on the amount of time you wish to be kept alive by artificial means. Perhaps you want to ensure that every possible method is available to alleviate your pain if you are incapacitated. These types of wishes can be written in advance directives.
Whether there are some types of care you definitely do not want or you want every possible treatment available to sustain your life, it is very important to create legally enforceable documents that outline your medical preferences and empower an agent or surrogate you trust to make health care decisions for you in the event of incapacity or disability.
Creating health care directives does not prevent you from making your own medical decisions and communicating your health care preferences while you are still conscious and otherwise able to communicate with your physicians. These documents are generally written to be effective only upon your subsequent incapacity or disability, such as from a coma or Alzheimer’s disease.
What is a Durable Power of Attorney for Health Care?
A durable power of attorney for health care is a document that appoints an individual as your agent or attorney in fact to make health care decisions if you cannot due to incapacity or disability, as determined by your doctor.
When you are incapacitated, questions may arise regarding your medical treatment that could not be foreseen when you prepared your living will form or advance directives. When you appoint an agent in a durable power of attorney for health care, you can authorize your agent to: 1. make decisions regarding any matter not addressed in your health care directives; 2. obtain medical treatment for you, including hiring physicians; 3. serve as your representative if legal action is required to enforce your health care directives on matters such as whether to withdraw life support; 4. obtain and review your medical records; and 5. be in your hospital room with you even when such person might otherwise be restricted from visiting you under hospital policies.
When selecting an agent or health care proxy, choose someone you trust to honor your wishes. Discuss your concerns and medical preferences with the agent in advance. Choose an agent that will be available should the need arise. You should not choose your physician or health care provider to serve as your agent. In fact, most state laws prohibit you from naming your physician as your health care agent.
A durable power of attorney for health care does not allow your agent to handle your financial affairs, such as depositing checks payable to you, paying your bills, and managing your assets. If you want an agent appointed to handle your financial affairs for you in the event of incapacity or disability, you should use a durable power of attorney for finances.
