Living Will: Advance Health Care Directive Meaning & Use

A living will is a legal document outlining your preferences for medical treatments. Living wills guide medical providers to make decisions that follow your wishes if you’re incapacitated, such as in a coma or with late-stage dementia, for example ^[0]

Without a living will, your loved ones may have to make important health care decisions for you in a crisis without knowing your preferences, or may disagree over what they think you would want. Living wills aren’t just for older adults or those with terminal illnesses; they can help anyone over 18 ensure their preferences are upheld in emergencies.

A living will is also a type of advance directive, a set of health care documents that give instructions for future medical care. The other main advance directive is a health care proxy, which names a trusted person to advocate for your decisions. Typically, you can revoke a living will and override a health care proxy if you regain the ability to make decisions.

How to write a living will

You can create a living will through any of the following methods:

Living wills contain specific directives that address your wishes for medical treatments in situations such as dementia, comas and strokes. For example, a living will commonly outlines a person’s wishes for:

• Resuscitation efforts in the event of incapacitation.

• Life-prolonging procedures if survival is unlikely.

• Care you do or don’t want, such as mechanical ventilation, feeding tubes or kidney (dialysis) machines. 

• Religious or philosophical considerations you would like observed in these situations.

Requirements can vary by state, but living wills generally include the following:

• Your legal name, signature and the date the living will was drafted.

• A statement that you are mentally competent enough to prepare a living will.

• The name of your health care proxy.

• A signed statement from two witnesses.

Some states may also require you to get a living will notarized. Make sure to print several copies and give them to your primary care physician, relevant health care providers and health care proxy. You can also file a copy with your local hospital^[0]

Living wills are one type of advance medical directive.  Others can work with a living will to ensure your wishes are honored in any health care scenario.

You can give a person you trust a medical power of attorney designation — sometimes called a health care proxy — to allow them to make medical decisions for you if you cannot. This person can use your living will as a guide to make decisions in consultation with your doctors, based on your medical situation.

A health care proxy may be especially helpful if your state places limitations on living wills. In some states, you can’t name a health care proxy in your living will — you’ll need to craft a separate legal document^[0]

A POLST (or MOLST) is similar to a living will because both document your preferences for your medical care, but a POLST is only for emergencies and is more common in nursing homes or for those with terminal illnesses.