What Is a Living Will? (And Why You Need One)

Disclaimer: This is educational information, not legal advice. Every situation is unique. Consult with a qualified estate planning attorney before making decisions.

The Quick Answer

A living will is a legal document that states your wishes about medical treatment if you're unable to communicate them yourself [1]. Despite the name, it has nothing to do with a regular will or distributing assets. It's entirely about healthcare decisions.

A living will is one type of "advance directive." The other common type is a healthcare power of attorney (also called a healthcare proxy), which names someone to make medical decisions on your behalf [1]. Many states combine both into a single document.

What a Living Will Covers

A living will typically addresses questions like [1]:

Do you want to be kept on life support if you're terminally ill with no reasonable chance of recovery? Do you want to receive CPR if your heart stops? Do you want artificial nutrition and hydration (feeding tubes, IV fluids) if you can't eat or drink on your own? What are your wishes about pain management? Do you want to donate your organs?

These aren't easy questions. But they're far easier to answer now, when you're healthy and clear-headed, than they would be for your family during a medical crisis.

What a Healthcare Power of Attorney Does

A healthcare power of attorney (or healthcare proxy) names a specific person, your "agent," to make medical decisions for you when you can't make them yourself [3]. This person speaks with your doctors, reviews treatment options, and makes choices based on your wishes.

This is different from a financial power of attorney, which covers money and property. You can name the same person for both roles, but they're separate legal documents.

Why This Matters

Without an advance directive, your family may face agonizing decisions with no guidance. Spouses, parents, and adult children may disagree about what you would have wanted, and in some cases, they may need to petition a court to resolve the dispute [1].

A living will takes that burden off your family. It doesn't just protect you. It protects the people who love you from having to guess.

How to Create an Advance Directive

Every state has its own advance directive form and its own rules about what's required for the document to be legally valid [2]. The good news is that most state forms are available for free.

You can find your state's advance directive form through your state's department of health, your state bar association, or the ABA's advance planning toolkit [2]. Many hospitals and doctor's offices also have forms available.

Most states require the document to be signed and witnessed. Some require notarization. Check your state's specific requirements to make sure your advance directive will hold up when it matters.

Who Should Be Your Healthcare Agent?

Choose someone who will respect your wishes even if they personally disagree. This is the most important quality. Your agent needs to advocate for your values, not theirs.

Other considerations: Are they geographically close enough to be present in an emergency? Can they stay calm and communicate clearly under pressure? Are they willing to take on this responsibility?

Talk to this person before you name them. Make sure they understand your wishes and are comfortable carrying them out. This conversation is as important as the document itself.

Common Misconceptions

"I'm too young for this." Advance directives aren't just for elderly people. The Terri Schiavo case, one of the most high-profile end-of-life legal battles in American history, involved a woman who was 26 when she suffered cardiac arrest. Anyone over 18 can benefit from having an advance directive [4].

"My spouse can make decisions for me." Not automatically, and not in every state. Some states have surrogate decision-making laws that give spouses authority, but these vary and may not cover every situation. A healthcare power of attorney removes any ambiguity [3].

"Once I sign it, it's permanent." You can change or revoke an advance directive at any time, as long as you're mentally competent to do so [1]. Think of it as a living document that should be reviewed periodically.

"It means I'm choosing to die." A living will doesn't limit your care. It directs it. You can specify that you want aggressive treatment. The point is that your wishes guide the decisions, not someone else's assumptions.

What to Do With It Once It's Done

An advance directive does no good if nobody can find it. Once completed:

Give copies to your healthcare agent, your spouse or closest family members, and your primary care doctor. Keep the original in a place your agent can access quickly, not a safe deposit box they can't get into on a weekend.

If you're admitted to a hospital, bring a copy or let them know you have one on file.

The Bottom Line

An advance directive is one of the simplest and most meaningful documents in estate planning. It costs nothing (or close to it), takes less than an hour, and gives both you and your family genuine peace of mind.