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A living will is a legal document that records your wishes regarding medical treatment in circumstances in which you can no longer express informed consent, particularly at the end of life. Requirements vary by state.
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What is a Living Will?
A living will is a legal document that lets you specify in advance what kind of medical treatment you do or do not want if you become unable to communicate your wishes — for example, if you are in a coma, have a terminal illness, or are at the end of life. It may also be called an advance directive, health care directive, or declaration, depending on your state.
When to use a Living Will
A living will is important in the following situations:
Terminal illness: When you have a condition that cannot be cured and will likely result in death.
Permanent unconsciousness: If you are in a permanent vegetative state or coma with no reasonable chance of recovery.
End-of-life planning: As part of broader estate and healthcare planning to ensure your wishes are honored.
Surgery or major medical procedures: Before undergoing procedures where there is a risk of complications.
What should I include in my Living Will?
Life-sustaining treatment: Whether you want treatment to prolong your life, and under what conditions you do not.
Pain relief: Your wishes regarding pain management, even if treatment may hasten death.
Organ donation: Whether you wish to donate organs or tissues, and for what purposes.
Primary physician: The doctor you want to oversee your care.
Witness or notary information: As required by your state's law.
Frequently Asked Questions
A living will states your specific medical wishes in writing. A health care proxy (also called a durable power of attorney for health care) names a person to make medical decisions on your behalf. Many states combine these into a single "advance directive" form. Having both gives the most comprehensive coverage.
No. In all 50 states, you can create a valid living will without a lawyer. You do need to follow your state's signing and witnessing requirements. Most states require either two witnesses or a notary public — some require both.
Yes. You can revoke or update your living will at any time as long as you are mentally competent. To revoke it, you should put it in writing, destroy all copies, and notify your physician and anyone else who has a copy. You can also simply create a new, updated document which supersedes the old one.
Most states will honor a living will from another state as long as it was validly executed there. However, some states have specific requirements. If you spend significant time in multiple states, it is best to create a living will that complies with the laws of each state.
A Do Not Resuscitate (DNR) order is a physician's medical order that tells health care providers not to attempt CPR if your heart stops or you stop breathing. A living will is a broader legal document expressing your overall health care wishes. You can request a DNR in your living will, but it must typically be formalized separately by your physician to be medically enforceable.