What is a Living Will?

Preparation for end-of-life often involves a lot of documentation ranging from healthcare directives to wills, which you’ve likely heard of. However, you might not have heard of a “living will”. A living will is slightly different than a last will and knowing the difference can help you identify and understand your estate planning options.

What is a living will?

A living will is a legal document that allows an individual to specify their preferences for medical treatment and end-of-life care in the event they become incapacitated and unable to communicate their decisions. It provides detailed instructions on the types of medical interventions they wish to receive or refuse, such as mechanical ventilation, resuscitation, tube feeding, and other life-sustaining measures. By outlining these choices in advance, a living will ensures that the individual's wishes are respected and can help guide healthcare providers and loved ones during critical and often emotionally charged situations. This document can be a crucial component of advance care planning, offering peace of mind that one's healthcare preferences will be honored.

Advanced care directive vs living will

A living will vs an advanced healthcare directive is a common comparison made when considering options for end-of-life planning. An advanced directive and a living will are both legal documents that outline a person's preferences for medical care if they become unable to communicate their decisions. However, there are key differences between the two. A living will specifically details the types of medical treatments and life-sustaining measures an individual wants or does not want in certain situations, such as mechanical ventilation or resuscitation. An advance directive, on the other hand, is a broader term that encompasses not only the living will but also other components like a durable power of attorney for healthcare. This allows a designated person to make medical decisions on behalf of the individual if they are incapacitated. Essentially, while a living will focuses solely on the individual's medical treatment preferences, an advance directive includes both those preferences and the appointment of a healthcare proxy to make decisions in unforeseen circumstances.

Living will vs last will

A living will and a last will are both important legal documents, but they serve different purposes. A living will outlines an individual's preferences for medical treatment and end-of-life care if they become incapacitated and unable to communicate their wishes. In contrast, a last will, or last will and testament, specifies how a person's assets and estate should be distributed after their death, including appointing guardians for minor children. Essentially, a living will addresses healthcare decisions during a person's lifetime, while a last will deals with the distribution of assets after death.

Living will vs living trust

Another common comparison is a living trust vs. a living will. A living will and a living trust serve distinct purposes in managing an individual's affairs. A living will outlines a person's preferences for medical treatment and end-of-life care if they become incapacitated and unable to communicate their wishes. Conversely, a living trust is a legal arrangement that manages an individual's assets during their lifetime and specifies how those assets should be distributed after death, potentially avoiding probate. While a living will focuses on healthcare decisions, a living trust centers on the management and distribution of property and assets.

Living will vs durable power of attorney

A living will and a power of attorney are both legal tools used for managing decisions when someone is incapacitated, but they serve different functions. A living will specifies an individual's preferences for medical treatment and end-of-life care, guiding healthcare providers on what treatments to administer or withhold. A power of attorney, on the other hand, designates a trusted person to make decisions on the individual's behalf, which can include financial and legal matters or healthcare decisions, depending on the type of power of attorney granted. Essentially, a living will directs medical care, while a power of attorney appoints someone to make broader decisions for the individual.

How much does a living will cost?

The cost of creating a living will can vary depending on several factors, such as the complexity of the document, the region or jurisdiction where it is created, and whether legal assistance is sought. In general, creating a basic living will can be relatively inexpensive if using templates or forms available online or through local government offices, which may be free or low-cost. Some individuals choose to consult with an attorney specializing in estate planning or elder law to ensure their document is legally sound and comprehensive, which can incur higher fees. On average, costs for a living will can range from free to several hundred dollars, depending on the chosen approach and professional assistance sought.

Does a living will need to be notarized?

Whether a living will needs to be notarized depends on the laws of the state or jurisdiction where it is created. In many states in the United States, a living will does not necessarily need to be notarized to be legally valid. Instead, it typically requires the signatures of witnesses who attest to your capacity and the voluntariness of signing the document.

However, some states do allow for notarization as an option to add an extra layer of authentication and validity. Notarization involves having a notary public witness the signing of the document and affix their seal and signature to verify its authenticity.

To determine whether notarization is required or recommended for a living will in your specific jurisdiction, you should check local laws or consult with a legal professional specializing in estate planning or healthcare law. They can provide guidance based on the regulations applicable in your area and help ensure your living will meets all legal requirements.

How do you make a living will?

If you’re wondering, “How do I make a living will?” after seeing what it can offer you, that’s great. Forming one is a helpful way to ease future burdens on yourself and your loved ones. Making a living will typically involves several key steps:

1. Consider your preferences: Think about the types of medical treatments and interventions you would want or not want in specific situations, such as life support, resuscitation, and artificial nutrition. When writing your own living will, you must consider several key decisions. Firstly, specify the types of medical treatments and life-sustaining measures you want or do not want, such as resuscitation, mechanical ventilation, tube feeding, and dialysis. Consider your preferences for pain management and palliative care. Decide on the circumstances under which you would want these treatments to be withheld or withdrawn. Appoint a healthcare proxy or durable power of attorney for healthcare to make decisions on your behalf if you become incapacitated. Reflect on your personal values and religious beliefs, as they will influence your choices. Additionally, address organ and tissue donation preferences.

2. Find a living will form or template: You can find a living example in this article, through your state or local government health department, or at legal document centers. These forms guide you through the process of documenting your preferences. If you’re wondering how to make a living will without a lawyer, getting a living will form online is a great place to start.

3. Complete the form: Fill out the paid or free living will form or template carefully, ensuring that your wishes regarding medical care are clearly stated and specific.

4. Sign the document: Once the form is completed, it usually needs to be signed in the presence of witnesses. Requirements for witnesses may vary by jurisdiction, so check local regulations.

5. Consider notarization: While not always required, some jurisdictions may recommend or require that the living will be notarized to add an extra layer of authentication.

6. Distribute copies: Provide copies of your signed and completed living will to your healthcare provider, family members, and anyone else who might be involved in your healthcare decisions in the event you cannot speak for yourself.

7. Review and update: Review your living will periodically to ensure it still reflects your current preferences and circumstances. You can update your living will at any time by creating a new document that revokes any previous versions.

8. Consult legal or medical professionals: If you have complex medical issues or legal concerns, consider consulting with an attorney specializing in estate planning or a healthcare provider to ensure your living will is comprehensive and legally sound.

By following these steps, you can create a living will that accurately reflects your wishes regarding medical treatment in the event you are unable to communicate them yourself.

How to write a living will on your own

Writing a living will on your own involves thoughtful consideration of your healthcare preferences and following a structured approach to ensure clarity and legality. Here’s how to create a living will on your own:

Identify information to include in your living will

1. Identification: Begin with your full legal name and address.

2. Declaration of intent: State clearly that this document is your living will, and it expresses your healthcare preferences in the event you are unable to communicate.

3. Preferences for medical treatment: Specify the medical treatments and procedures you would want or do not want in various scenarios, such as terminal illness, irreversible coma, or persistent vegetative state. Include decisions about resuscitation (CPR), mechanical ventilation, tube feeding, dialysis, and any other life-sustaining treatments.

4. Pain relief: State your preferences regarding pain management and comfort care.

5. Organ donation: If you wish to donate your organs or tissues upon death, specify your intentions here.

6. Healthcare proxy: Designate a healthcare proxy (also known as a healthcare agent or surrogate) who will make decisions on your behalf if you are unable to do so. Provide their name, address, and contact information. You may also designate an alternate proxy.

7. Signature and witnesses: Sign the document in the presence of witnesses. Typically, living wills require two witnesses who are not family members, beneficiaries of your estate, or your healthcare agents. Check local regulations for specific requirements regarding witnesses.

Structure of a living will

1. Introduction: Start with a brief introduction stating your name and the purpose of the document (i.e., to outline your healthcare preferences).

2. Statement of intent: Clearly declare that you are of sound mind and creating this living will voluntarily to guide medical decisions in the future.

3. Medical treatment preferences: Organize this section into clear, numbered paragraphs or sections for each medical scenario you wish to address such as terminal illness with no hope of recovery; persistent vegetative state; end-stage dementia.

4. Pain relief and comfort care: Include a paragraph detailing your wishes regarding pain management and comfort measures.

5. Organ donation: State your wishes regarding organ and tissue donation.

6. Appointment of healthcare proxy: Detail who you are appointing as your healthcare proxy and include their contact information.

7. Signatures and witnesses: Sign the document at the end, and have it witnessed by two competent adults who meet the legal requirements in your jurisdiction. Each witness should sign and provide their name, address, and the date.

By following these guidelines, you can create a comprehensive and legally valid living will that provides clear instructions for your medical care in situations where you cannot communicate your preferences yourself.

Living will example

The definition of a living will may not be enough to help you paint a picture of what exactly a living will looks like. Following is a living will template that you can use or fill in with relevant information. While this living will form is easily copied and filled in, it may be worth working with a living will attorney in order to make sure you’ve covered all the bases that are relevant for your life.

Here's an example of a printable living will form (simply copy, paste, and print!):

Living Will

I, [Full Name], being of sound mind and legally competent to make this declaration, hereby declare my wishes regarding medical treatment in the event that I become incapacitated and unable to communicate my decisions.

1. Terminal Condition

If I am diagnosed with a terminal condition and my attending physician has determined that there is no reasonable expectation of recovery, I direct that life-sustaining procedures be:

• Withheld or withdrawn.
• This includes, but is not limited to, mechanical ventilation, resuscitation, tube feeding, and other forms of artificial life support.

2. Persistent Vegetative State

If I am in a persistent vegetative state and my attending physician has determined that there is no reasonable likelihood of regaining consciousness, I direct that life-sustaining procedures be:

• Withheld or withdrawn.
• This includes, but is not limited to, mechanical ventilation, resuscitation, tube feeding, and other forms of artificial life support.

3. Pain Relief

I request that medication be administered to alleviate pain or discomfort, even if such medication may hasten the moment of death, as long as it is not the primary intention to cause death.

4. Organ Donation

Upon my death, I wish to donate any usable organs or tissues for transplantation or medical research.

5. Health Care Proxy

I designate [Name of Health Care Proxy], residing at [Address of Health Care Proxy], and reachable at [Phone Number of Health Care Proxy], as my health care proxy to make decisions on my behalf if I am unable to do so. If the primary proxy is unavailable or unable to serve, I appoint [Name of Alternate Proxy] as my alternate health care proxy.

6. Signature and Date

This declaration reflects my healthcare preferences, and I sign it willingly after careful consideration.

Signature: ________

Date: ______

Witness 1:

Signature: _________

Name: ______

Address: ____

Witness 2:

Signature: _________

Name: ______

Address: ____

---

This example can be modified to reflect an individual's specific wishes and should be reviewed periodically and potentially updated to ensure it continues to reflect their preferences. Additionally, legal requirements for living wills can vary by jurisdiction, so it is advisable to consult with a legal professional when creating one.

A living will is just one piece of documentation you can use to protect yourself when it comes to the end-of-life. If you’re starting to plan for the end of life, consider using Ever Loved’s checklist to record key information and share it with your family and loved ones. The key information checklist is a comprehensive and free checklist that guides you through recording your most important information and simplifies the estate planning process.

Use the checklist