Living Will Form

Living Wills FAQ

• What Can a Living Will Do?

  • A living will informs your loved ones, caretakers, medical professionals, healthcare providers, and friends of your preferences concerning end-of-life care or medical treatment if you are unconscious.

• Do I Need a Lawyer for a Living Will?

  • If your end-of-life decisions are straightforward, you may not need a lawyer's help, though it's always wise to have a lawyer review your living will.

    If you have different beliefs than your family on end-of-life care, varying preferences depending on your condition, or any other circumstances that may result in conflict or confusion, it is wise to consult an estate planning lawyer. That way, you can reduce the likelihood of your living will being challenged by family members in court.

• How Much Does a Living Will Cost?

  • Living will forms or form packages online range from free to $100, depending on the service you use. Hiring an attorney usually costs between $200 to $400 per hour, depending on their location and experience.

• Is There Such a Thing as a Free Living Will?

  • Yes. State health departments, nonprofits, and your medical provider may provide forms. But these free forms come with risk.

    For one, they are not comprehensive. The form you sign in the hospital before surgery is only valid for that procedure. But if you render a severe head injury in an accident, that form is not valid for that instance. You can only ensure your living will is valid for all medical developments if you purchase a comprehensive form or hire an attorney to draft a comprehensive form.

    Second, many of these forms require that you write out your treatment preferences rather than checkboxes. This structure sets you up to leave out information and execute an incomplete document.

    When you purchase a form, it often comes with a questionnaire to help you consider all possibilities and make informed decisions. The same is true if you hire an attorney; they guide you through the process, so you consider all scenarios and know which treatments you decline and accept.

    Finally, the free form you download from a state agency may not be valid in other states. If you live in one state but spend significant work or leisure time in another, it is an excellent precaution to execute living wills for both states or make sure the one living will meets statutory requirements.

• When Is a Living Will Effective?

  • Your living will is effective when you are incapacitated. Incapacity generally arises in these situations:

    • Terminal conditions. These are medical conditions that have no hope of improvement. Being unconscious without awareness falls into this category, as do illnesses and injuries with no recovery prognosis.
    • Vegetative state. You are in a persistent vegetative state if your bodily functions continue, but you lack brain functions. Without them, you may no longer be able to think, communicate or possess an awareness of yourself or your environment. Furthermore, your doctor concludes you will not regain these abilities.
    • Lack of decision-making ability. If an illness or injury leaves you unable to appreciate your situation or make informed decisions, your living will is effective. At that point, your doctors follow instructions in your living will.
• Which Treatment Decisions Are Covered in a Living Will?

  • Your living will addresses life-prolonging treatments. In it, you can specify whether you want any of these treatments:

    • Short term v. long term treatments. You may opt for short-term life-sustaining treatment if you have a chance for recovery. For example, you may consent to kidney dialysis or a respirator to help you after surgery, but not if those devices indefinitely sustain you in a vegetative state.
    • Pain treatment. If you opt-out of long-term life-sustaining measures, you can specify palliative or comfort care, like receiving pain medication.
    • Tube feeding. Also called artificial nutrition and hydration, this life-sustaining treatment sustains you when you are unconscious and cannot swallow.
    • Life support. When your organs do not function, medical devices take over. A ventilator or respirator breathes for you, and dialysis keeps your kidneys working.
    • CPR. Healthcare providers use CPR when your heart stops beating, including administering an electric shock. You can stipulate the circumstances where this is acceptable and indicate when it should stop. A do-not-resuscitate (DNR) order instructs doctors to avoid heroic measures if you do not have a heartbeat. You can execute a DNR before a procedure or place one within your living will (or as a supplement).
• What Is the Difference Between a Living Will, Healthcare Directive, and Medical Power of Attorney?

  • A living will specifies your medical treatment preferences should you become incapacitated. It is the primary instrument for explaining your end-of-life treatment or medical care when you cannot express your wishes.

    A healthcare directive is another name for a living will. It varies between states; some statutes describe this document as a living will, and others a healthcare directive, advance medical directive or even advance decision form.

    A medical power of attorney, in some state called a health care proxy, allows you to appoint a healthcare agent who makes medical and mental health decisions on your behalf when you are not able to express your wishes.

    In many states, provisions for a living will and a medical power of attorney may be part of the same form. Be aware that a living will takes precedent over your health care agent's instructions regarding end-of-life decisions.

• What Is the Difference Between a Will and a Living Will?

  • Your last will and testament, "will," indicates how you want your property distributed after you die. It addresses the distribution of your bank accounts, real estate, stocks and bonds, and other assets to charities, family members, or friends. You can also designate a preferred guardian for minor children. But wills do not address medical treatment preferences while you are still alive.

    A living will indicates your preferences regarding end-of-life care or medical treatment if you are incapacitated. In some states, you can appoint a healthcare representative to enforce those wishes. But you cannot distribute assets or make provisions for your children's care in a living will.

• What Is the Difference Between a Living Will and Advance Directive?

  • An advance directive is another name for a living will. Some states use the term "advance directive" instead of the term "living will" to describe the same legal document.

• What Is the Difference Between a Living Will and a Do Not Resuscitate Order?

  • A living will applies to medical situations where you are incapacitated or facing an end-of-life possibility. It indicates which life-sustaining treatments are acceptable to you.

    A do-not-resuscitate order, or DNR order, tells health care providers not to attempt to revive you through cardiopulmonary resuscitation (CPR) in the case of an emergency and your breathing and/or heart stops. It is a decision often made by people who are at the end of their life or suffering from a terminal illness.

• Does a Living Will Need to Be Filed with the Court?

  • No, a living will does not need to be filed with the court. But some state health departments maintain living will registries or “lockboxes." Look into your state health department or secretary of state's office to see if they offer this service.

• How Do I Revoke a Living Will?

  • You can revoke a living will by:

    • Tearing up or shredding the document
    • Communicating in writing or verbally of your intention to revoke
    • Signing a new living will with your current wishes
    • Signing a separate document revoking your current living will
• Can a Living Will Be Handwritten?

  • You can download a form and fill out sections by hand. However, living wills have extensive legal requirements. It is not recommended that you write out a living will entirely by hand.