What Is a Living Will?

A living will is a legal document that outlines a person's medical treatment preferences if they become unable to communicate their wishes. It typically addresses life-sustaining treatments, resuscitation, ventilators, and other critical healthcare decisions.

Why is a living will important?

• Clarifies medical decisions: Ensures that healthcare providers and family members follow a patient’s wishes in serious medical situations.
• Prevents uncertainty: Loved ones won’t have to guess about end-of-life care choices.
• Part of an advance directive: A living will is one type of advance directive, which is a broader legal document covering a person’s medical preferences and decision-making authority.

Living will vs. other advance care documents

A living will is just one part of advance care planning. Here’s how it differs from related documents:

• Advance directive: A general term for legal documents that outline a person’s medical preferences. It may include a living will and a durable power of attorney for healthcare.
• Living will: Specifies medical treatments a person does or does not want if they cannot communicate.
• Durable power of attorney for healthcare: Appoints someone to make medical decisions on the patient’s behalf if they are incapacitated.
• DNR order: A specific medical directive stating that a patient does not want CPR if their heart stops.

How Solace can help

A Solace end-of-life advocate can help patients and families understand living wills, facilitate conversations with doctors, and ensure that care teams have the right documents on file. If a patient’s wishes change, an advocate can assist in updating their medical directives.

Living Will FAQs

What is a living will?

A living will is a legal document that specifies your medical care preferences if you become unable to make decisions for yourself due to illness or incapacity. It primarily addresses end-of-life care, allowing you to state which treatments you would or would not want in various situations, such as life support, resuscitation, and artificial nutrition.

How is a living will different from a regular will?

A living will is distinctly different from a regular will or last testament. While a regular will distributes your assets and property after death, a living will only addresses medical decisions while you're still alive but unable to communicate your wishes. A living will has no authority after death, and a regular will has no authority before death.

Who should have a living will?

Every adult should consider having a living will, regardless of age or health status. While it's especially important for older adults or those with chronic conditions, unexpected medical emergencies can happen to anyone. Having a living will ensures your medical wishes are known and respected, and it relieves your loved ones from making difficult decisions without knowing what you would have wanted.

Do I need an attorney to create a living will?

While you don't legally require an attorney to create a living will, consulting with one is often recommended to ensure your document meets state requirements and clearly expresses your wishes. Many states offer standardized living will forms, and some online services provide templates. Regardless of how you create it, most states require your living will to be witnessed and/or notarized to be legally valid.

Can I change my living will after it's completed?

Yes, you can change or revoke your living will at any time as long as you're mentally capable. It's actually recommended to review your living will periodically, especially after major life events or changes in your health. To update it, you should complete a new document, destroy all copies of the old one, and distribute the updated version to your healthcare providers, family members, and healthcare proxy.

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