What Is a Living Will?
A living will is a written advance directive that tells doctors what medical treatment you want or do not want if you cannot speak for yourself, typically at the end of life or in permanent unconsciousness. It often covers life support, resuscitation, feeding tubes and comfort care. It works best paired with a health care power of attorney that names someone to make decisions. You can create one without a lawyer using your state's form.
Despite the name, a living will has nothing to do with property. It is about medical care (Cornell LII).
What a living will covers
Common choices include:
- Cardiopulmonary resuscitation (CPR)
- Mechanical ventilation
- Tube feeding and IV hydration
- Dialysis
- Antibiotics
- Pain relief and comfort care, even if it may shorten life
- Organ and tissue donation
It typically applies when you have a terminal condition, are permanently unconscious, or meet other conditions defined in your state's law.
Living will vs. health care power of attorney
| Document | What it does |
|---|---|
| Living will | States your treatment wishes in writing |
| Health care power of attorney (health care proxy) | Names an agent to make medical decisions for you when you cannot |
Many states combine them into one advance directive form (Cornell LII). Having both is best, because no document can foresee every situation.
Is a living will legally binding?
Living wills are recognized in every state. Health care providers generally must follow valid advance directives, though state law may let an individual provider decline on conscience grounds if they transfer care. Federal law requires hospitals and other providers participating in Medicare and Medicaid to give adult patients written information about their right to make advance directives (42 U.S.C. 1395cc(f)).
How to make one
- Get your state's form, available from state health departments, hospitals and bar associations, or use a lawyer.
- Think through your values and talk to your doctor and family.
- Sign it following state rules, usually with witnesses or a notary.
- Give copies to your agent, doctors and hospital, and keep the original accessible.
POLST forms
For people with serious illness, a POLST or similar physician order translates wishes into medical orders that emergency personnel follow. It complements, not replaces, a living will.
Updating
Review your living will after major health changes, marriage, divorce or a move to another state. You can revoke it anytime while competent.
An estate planning lawyer can prepare advance directives along with your will and power of attorney.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.