What is a Living Will

A Living Will is a healthcare advance directive that allows you to direct your end of life healthcare treatment. It is a legal document and is one of several advance directives and legal documents used in healthcare planning. It is important you create this document while you are healthy and competent. The document states what life-sustaining treatment and medical decisions you do or do not want to receive if you become terminally ill and are unable to speak for yourself. Powers of attorney are another type of legal document used to designate decision-makers for health care. These documents are essential paperwork required for advance directives.

If you have religious practices that you want to ensure are followed regarding end of life treatment, you will want to create a Living Will. These documents can include specific legal instructions and medical decisions, and may be part of a broader health care directive or advance healthcare directive.

This document will allow you to have a voice and maintain dignity at the end of your life. It is important to consult legal counsel or an attorney for health care to ensure your documents are properly drafted and included in your estate plan.

When a Living Will Goes In To Effect

This document only goes into effect if two physicians have determined you are diagnosed with a terminal condition.

For a Living Will to be valid, it must typically be signed in the presence of two witnesses or a notary public.

The determination of a terminal condition is documented in the patient’s medical record.

Your Living Will Is A Personal Choice

A Living Will is regularly discussed during the estate planning process. It is important to name not only a primary chosen agent to make healthcare decisions on your behalf, but also an alternate agent in case your first choice is unable or unwilling to serve. Spouses will often have differing opinions on their Living Wills, because it is such a personal document. Living Wills and advance directives are especially important for older adults to ensure their wishes are respected. Take the time to think about how you envision your end of life healthcare – it is not easy but very necessary to ensure your wishes are followed and to maintain family harmony. Carefully selecting a trusted family member or chosen agent to act on your behalf can help prevent conflicts and ensure your healthcare decisions are honored.

What Happens Without a Living Will?

Without advance healthcare directives, loved ones may differ on your end of life healthcare treatment. In a nursing home or skilled nursing facility setting, a patient advocate may be required to witness or confirm the resident’s wishes. Some family members may want to end treatment from ventilators, feeding tubes, etc. and other family members may not want to stop any treatment, this will lead to arguments and tension at an already difficult time for family members or significant others. Having a health care power or healthcare power of attorney is important to grant your chosen agent the authority to make medical decisions and access your medical records, helping to avoid such disputes. The agent’s authority includes making decisions and handling medical records if you are unable to do so. If you did not leave any clear guidance, a spouse and children disagreement may lead to a hospital board or court deciding your end of life treatment.

Frequently Asked Questions (FAQ) About Living Wills

A living will attorney is a legal professional experienced in drafting and reviewing living wills and other advance healthcare directives. They can help ensure your living will is legally valid, complies with state laws, and clearly expresses your healthcare wishes. Free living will templates are also available, allowing individuals to document their wishes for medical treatments and end-of-life care without significant cost.

Yes. While a living will primarily states your medical wishes, it can also appoint a healthcare agent (also called a healthcare proxy or durable power of attorney for healthcare) to make healthcare decisions on your behalf if you become unable to do so. A Living Will can specify which treatments or medical treatments you do or do not want, including options for palliative care to ensure comfort during serious illness.

It is recommended to have both. A living will provides specific instructions about end of life care and medical treatment, while a durable power of attorney for healthcare appoints an agent to make healthcare decisions, including those not covered in your living will. Your Living Will can address situations such as being in a vegetative state and your preferences for treatments like cardiopulmonary resuscitation, as well as other life-sustaining treatments.

To be legally valid, a living will must be completed according to your state’s specific requirements, which often include signing the document in the presence of at least one witness or a notary public. It is important to keep the original document in a secure place accessible to your health care providers and healthcare agent. A photocopy of your Living Will generally has the same effect as the original document in most situations, ensuring your wishes are recognized.

Yes. You can modify or revoke your living will at any time while you are of sound mind. Be sure to provide updated copies to your healthcare professionals, agent, and family members, and destroy any older versions. Regularly updating your documents helps ensure you live confidently knowing your current preferences for treatments and care are documented.

Without a living will or advance directive, healthcare providers and family members may face uncertainty or disagreements about your medical care, possibly leading to court involvement or decisions that do not reflect your wishes.