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What is a living will?
What is a living will & why is it important?
Are living wills legal documents?
How do I create a living will?
Aug 2, 2022 · A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation. In determining your wishes, think about your values.
Complete your living will form. You can find, download, and print free advance directive forms for your state. You may need to have your form witnessed or notarized, so be sure to read the directions closely.
- Overview
- What is a living will?
- How do you make a living will?
- Is a living will the same as an advance directive?
- Living will vs. healthcare power of attorney
- Why you need a will and a living will
- When do you need a living will?
- What happens if you get sick?
- What happens if you die?
- Frequently asked questions
Most people think of wills as written instructions for use after death. In contrast, living wills provide your instructions for continuing or halting life-sustaining healthcare while you’re alive.
In this article, we’ll explain what living wills are, how to write them, and the circumstances that might warrant their need.
A living will is a written, legal document. It provides instructions for your medical care, or for the termination of medical support, in certain circumstances.
Living wills indicate your wishes for the use or discontinuation of life-sustaining treatments. They’re used if you become incapacitated and unable to communicate the way you normally do.
For example, you may be in a coma, on life support, or cannot speak, write, or sign rationally and coherently. Incapacitation is determined and certified by a medical professional, such as a doctor.
Living wills include instructions about the use of resuscitation if you stop breathing or your heart stops beating. They also include instructions about life-sustainment measures. These include getting hydration or nutrition through a feeding tube if your body or brain stops functioning naturally.
Living wills are legal documents you can create with the help of an attorney. However, you don’t need to hire an attorney to make a valid, legally recognized living will. Many hospitals, nursing homes, and hospice facilities have living will forms you can fill out. Your state or local government website may also provide living will forms you can download and use.
Each state has its own legal requirements for valid living wills. If you decide to use a do-it-yourself living will form, make sure you download one that is intended for use in your state of residence.
At a minimum, include this information in your living will:
•your legal name
•your alias (the name you’re known by), if it differs from your legal name
•the current date (day, month, and year)
An advance directive is not the same as a living will, but it does include your living will.
An advance directive is a legal document with two parts. It contains:
•your living will
•your healthcare power of attorney (more on that, below)
Like living wills, advance directives don’t include information about finances, property distribution, conservatorship of children, and other nonmedical matters.
Your attorney can help you draft an advance directive. You can also access advance directive forms online through your state’s official agencies, many hospitals, and most hospice facilities.
A healthcare power of attorney is a document that identifies the person you choose to make healthcare decisions on your behalf. This document is also referred to as a durable medical power of attorney. The person you name in the document is referred to as your healthcare proxy, healthcare agent, or healthcare surrogate.
Unlike a living will, a healthcare power of attorney document does not contain instructions for end-of-life care or the use of healthcare procedures. Rather, it grants legal permission to the person of your choice to make those decisions for you.
Healthcare power of attorney documents are used in conjunction with living wills, but they do not take the place of living wills. Some states combine both documents into an advance directive.
Having a healthcare proxy whom you trust in place provides added insurance that your end-of-life decisions will be communicated effectively and honored completely.
Traditional wills are also referred to as last wills and testaments. This document provides instructions about the dissemination of your wealth and property after death. If you have minor children, your will may also include information about who should take over their care.
If you die without a will, you’re classified as “intestate.” This means your state of legal residence will decide upon the dissemination of your assets, including bank accounts and property. Without a will, your family and intended heirs may not be provided for according to your wishes.
People with terminal illnesses and the elderly may strongly feel the need for a living will. But adults, regardless of their health or age, should consider making one.
Incapacitation, either permanent or temporary, can be caused by sudden illness or an unanticipated accident. It’s not enjoyable to think about. But planning for situations that will, hopefully, never take place is the best way to ensure that your choices for yourself are enforced.
As mentioned earlier, living wills can be altered to fit your needs at any time. If your health changes and you become ill, review your living will. Make sure it sufficiently addresses the situations that may now occur.
Share the most current copy of your living will with your healthcare proxy. Also share it with people who may be with you in an emergency, such as family members, friends, or a trusted neighbor. Make sure your doctor and other members of your medical team have copies. Your lawyer should also have one on hand.
Your living will can include information about your desire to be or not be an organ and tissue donor. Other than that, it has no power after death.
Your living will cannot be used to make decisions about funeral or burial arrangements.
Do minor children need living wills?
No. A child’s parent or legal guardian automatically has the role of healthcare proxy for any minor who is under their care. This changes when the child turns 18. At that time, a living will may be beneficial, particularly if your child lives away from home or you can’t be readily available in emergency situations.
Should I change my living will if I move to another state?
Maybe. State laws and procedures vary regarding living wills and other documents, such as advanced directives. If you move to another state, check with an attorney or other resource to see if your current living will needs to be altered. This may simply mean that you need to fill out a different, state-approved form. If you’re a snowbird or live in multiple residences across several states, having separate living wills for each location may also be helpful.
- Corey Whelan
Jan 5, 2024 · A living will is a legal document that you create in order to make your wishes on medical care known. It’s also called an advance directive and it is a very important document...
- Can you write your own living will?You can write your own living will. In fact, there are forms and templates online that you can use in order to write this document. However, you ma...
- What are the pros and cons of a living will?There are many advantages of a living will. This document can spare your family from having to guess what kinds of medical interventions you want i...
- How do I make a living will?To make a living will, consider what kinds of medical interventions you would prefer to accept or reject. Think about extreme measures that could b...
Mar 25, 2024 · A living will is a legal document that details how you prefer to receive medical treatment when you can no longer make decisions for yourself. It is part of an estate plan. This guide highlights the benefits of a living will and why you should encourage loved ones to create one.
- Who Needs a Living Will?Living wills should be considered by everyone and can provide you and your loved ones with peace of mind.Creating a living will when you're healthy...
- Can a Living Will Be Broken?A living will can be broken in the following instances.Your appointed representative has the authority to make decisions for you, including those t...
- What Is the Difference Between a Living Will and an Advance Directive?Advance directives and living wills are not always identical. An advance directive can include a living will but might also include:A medical power...
- What Is the Main Drawback of a Living Will?Living wills can have oversightsâit's impossible to foresee everything that could happen to you. These documents must be broad in what they cover...
A Living Will is a type of estate planning document that you would use to express your wishes regarding your future medical care. You may be wondering, “why would I need to write down my wishes for a time when I’m still alive? Can’t I just tell my medical care team what I want directly?”
Jul 14, 2021 · Key Takeaways. A living will is a legal document detailing the type and level of medical care one wants to receive if they are unable to make decisions...
