{"id":287006,"date":"2016-04-04T10:45:46","date_gmt":"2016-04-04T15:45:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/living-will\/living-wills-introduction.html"},"modified":"2025-09-02T10:58:00","modified_gmt":"2025-09-02T15:58:00","slug":"living-wills-introduction","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/living-will\/living-wills-introduction.html","title":{"rendered":"Living Wills: Introduction"},"content":{"rendered":"\n
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Living Wills: Introduction<\/h1>\n\n
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\n By Oni Harton, J.D.<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A living will is an advance directive that outlines your preferences for end-of-life medical care if you become unable to communicate. It covers decisions on life support, palliative care, nutrition, hydration, organ donation, and religious or philosophical preferences. Living wills help ensure that your healthcare wishes are respected, reduce family conflict, and guide healthcare providers.<\/p>\n\n <\/div>\n\n\n\n

Living wills<\/a> are not wills at all. Rather, a living will (also known as\u00a0a health care directive, directive to physicians, medical directive, or advance directive) is a legal document expressing a person’s desires and preferences about medical treatment.<\/p>\n

These documents come into play if you cannot communicate these instructions. A living will relates solely to medical care and the need to make medical decisions. You may be unable to communicate medical decisions during a terminal illness or a state of permanent unconsciousness. Your loved ones can have more peace of mind knowing that you have expressed your wishes about medical care.<\/p>\n

Living Wills: State Laws<\/h2>\n

The first living wills helped people who wanted a natural death unattended by artificial life support and other advanced medical techniques. These documents evolved over time. They included other health care concerns such as tube feeding, resuscitation, and organ donation.<\/p>\n

While state laws in\u00a0all states<\/a> allow living wills, certain state laws may require particular formalities to become effective. If valid, a living will binds health care providers to its instructions. Online state-specific forms<\/a>\u00a0can help you get started on a living will.<\/p>\n

What Can a Living Will Cover?<\/h2>\n

Many believe that living wills only direct health care providers to\u00a0withhold treatment<\/a>. While many choose to issue that instruction, a living will also allows a person to ask for all available treatment options and medical techniques. You can opt for some medical treatments and reject others.<\/p>\n

Because a living will involves complicated medical issues, consultation with a doctor may help clarify different treatment types. Some people are reluctant to execute a living will because they worry doctors may withhold treatment when there is still a chance for recovery.<\/p>\n

However, a living will cannot take effect legally unless the patient is at the end of life. Medical professionals must determine whether the individual is permanently vegetative or terminally ill. In those cases, the individual may be unable to communicate medical preferences.<\/p>\n

Living Will vs. Durable Power of Attorney<\/h2>\n

Durable Power of Attorney<\/h3>\n

A durable\u00a0power of attorney<\/a>\u00a0can perform some of the functions of a living will. This document gives an attorney-in-fact legal power to make health care decisions for someone who cannot make those decisions.<\/p>\n

A durable power of attorney differs from a living will in that it may direct the attorney-in-fact to carry out the living will’s instructions or allow the\u00a0attorney-in-fact<\/a>\u00a0to use their judgment.<\/p>\n

The living will can also specify a proxy to help enforce its terms. A durable power of attorney may be used whenever the individual granting the power cannot make their own health care decisions.<\/p>\n

A durable power of attorney does not depend on terminal illness or permanent unconsciousness to become effective. Most estate planning attorneys recommend both documents to cover all situations.<\/p>\n

Medical Power of Attorney<\/h3>\n

A\u00a0medical power of attorney<\/a>\u00a0(or health care power of attorney) is closely related to a durable power of attorney, except that it is limited to health care decisions. A health care power of attorney (health care POA) is a legal document that allows you to designate a trusted person to make end-of-life medical decisions if you cannot communicate your own health care decisions.<\/p>\n

Without a living will or power of attorney, family members may argue over what treatments should be provided or withheld. Doctors will only consult family members on health care decisions.<\/p>\n

Even if you are married, it’s prudent to consider a living will. With this document, you make your wishes known. This can bring great peace of mind to your spouse. When a person prefers that a friend or unmarried partner participate in their health care decisions, a living will and durable power of attorney enable that person to have a say. Otherwise, medical professionals will only consult family members.<\/p>\n

Choosing an Attorney-in-Fact<\/h2>\n

The person chosen as the attorney-in-fact or proxy for health care decisions should be a trusted individual who is comfortable discussing\u00a0health care issues<\/a>. An assertive yet diplomatic person is the best choice for attorney-in-fact. This person may need to:<\/p>\n