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When planning ahead for the future (even the far future), it’s important to make sure you cover all the bases. That means making decisions about your physical estate, digital estate, funeral plans, and medical care preferences. Today, we’ll discuss the living will and how it helps your family understand your treatment preferences in a medical emergency or life-threatening situation.

Black stethoscope laying on paperwork that says "Living Will Declaration"

What is a Living Will?

First, let’s define the term “living will.” Sometimes confused with the “last will and testament,” the living will has a separate purpose: to communicate your preferences regarding life-prolonging medical treatment. Essentially, the living will spells out the medical treatments you would or would not want used to keep you alive. It provides direction on life-prolonging procedures, treatment for terminal conditions, and vegetative state conditions.

For example, if a person has no brain function after a serious car accident, they might not want to be kept alive with a ventilator. The living will is the document where that person would indicate they do not want a ventilator used to prolong their life under these circumstances.

You can create a living will at any age. And the living will only comes into play if you are in a life-threatening situation and are incapacitated and unable to make decisions for yourself. If you are awake and coherent, the doctors will ask you directly about your care and not consult the living will.

Asian man in brown jacket sitting at a table while opening an envelope with papers inside

Why Would I Create a Living Will?

In cases where a person is unconscious or incapacitated (coma, dementia, brain damage) and is suffering from a terminal illness or life-threatening injury, doctors consult the living will. However, if there’s no living will available, all medical care questions are posed to the spouse, family members, or designated healthcare proxy.

The main reasons to have a living will are four-fold:

  1. Make your medical preferences known to your family, loved ones, and doctors
  2. Relieve your family from having to make difficult medical decisions on your behalf
  3. Reduce confusion or disagreements regarding your medical care
  4. Protect your loved ones from the emotional toll of taking on the responsibility of deciding your life or death

By creating a living will, you decide what’s best for you. In a sense, even in a dire situation, you can still control what happens to you.

Two men reviewing living will documents together

What Medical Decisions Should I Address in the Living Will?

You can address whatever medications or treatments you want in the living will, but here are some things you should consider mentioning:

As you consider your options, remember that you are only recording your wishes for emergency medical situations where you are incapacitated or unable to make decisions yourself.

If you aren’t sure what the pros and cons are of each type of treatment, schedule time with your primary care physician to discuss the implications of each. Also, try not to make decisions without input from others. Include your spouse, partner, or close family members in the discussion.

Man and woman sitting at home and reviewing documents together

How Do I Write a Living Will?

Many states provide a template you can use to record your medical care preferences, but if that isn’t an option, contact an estate planning attorney. They will be familiar with your state’s specific laws and can ensure all your bases are covered.

However, here are a few things to keep in mind as you consider writing a living will:

  • Think about your personal values. Would you want treatment only if a cure were possible? Do you want medical professionals to do everything they can to save your life?
  • Consider your family’s wishes about each type of medical treatment.
  • Take your religious beliefs into account. For some people, religious tenets may dictate the types of care they choose to receive.
  • Many states require you to sign the living will before witnesses or a notary. Talk with an estate planning attorney or familiarize yourself with your state’s requirements.
  • List your healthcare proxy’s name and contact information if you have one. This person makes medical decisions on your behalf, using your living will as a guide. Click here to learn more about how to set up a healthcare proxy.
  • Your living will must be in writing to be legally valid.
  • If you choose to use a living will template, make sure to download the one intended for your state.

As you consider what to include in your living will, remember that you won’t think of every possible medical emergency. Instead of trying to plan for every scenario, address what you can and trust your healthcare proxy or your family’s judgment regarding any unexpected scenarios.

Older woman in bright orange sweater sitting at table, signing a legal document

What Do I Do with My Living Will Once It’s Complete?

Once your living will is signed and witnessed, it’s time to distribute it to all the pertinent people. You will want to:

  • Keep the original in a safe but easily accessible place.
  • Give a copy to your primary care physician.
  • Give a copy to your healthcare proxy if you have one.
  • Discuss your medical decisions with family if you haven’t already.
  • Consider carrying a wallet-sized card that indicates you have a living will and identifying your healthcare proxy by name and contact information.
  • Keep a copy with you when you are traveling.

How Long Does a Living Will Last?

It lasts until you cancel it. To cancel it, all you need to do is destroy all current copies. Make sure that any copies you gave to family members, doctors, or anyone else are destroyed and replaced.

Mature couple sitting down with attorney to discuss and sign legal documents

Can I Change or Revoke My Living Will?

Absolutely! Once a living will is signed, it goes into effect. However, if you want to make changes or revoke it, destroy all copies of the old living will and replace them with your new, updated documentation.

It’s always a good idea to review your living will occasionally, especially if something in your life has changed. For example, have you received a new diagnosis? That might affect how you feel about certain medical treatments. Have you married or divorced? You might want to update your healthcare proxy.

A good rule of thumb is to review your living will every ten years or so. Not only might your personal circumstances have changed, but your stance on certain medical treatments may have altered.

Signing a document, focus on paper and pen

Can My Living Will be Broken or Ignored?

Yes, it can. If you designate a healthcare proxy, that person has the authority to make medical decisions on your behalf and can go against your wishes. This is why choosing someone you trust as your healthcare proxy is important.

Also, your living will can be ignored if it is deemed invalid. For example, if you didn’t get the proper signatures or any previous living wills weren’t destroyed, your current directives may not be followed.

However, if you follow your state’s laws and choose a healthcare proxy you can trust, you should have no problems.

If I Move to Another State, Should I Update My Living Will?

The short answer – maybe. If you decide to move to another state, it would be best to consult an attorney on whether you need to create a new living will. And if you split your time between two homes in different states, ask your attorney if it would be best to have a living will in each state. They can advise you on the best way forward.

Woman in mustard yellow cardigan sitting at table, signing documents

Do I Need a Doctor or a Lawyer to Review My Living Will?

Legally, you do not have to get input from a doctor or a lawyer, but it would be a good idea to do so if possible. They can offer insight from their respective fields and ensure everything is done well and correctly. All decisions are entirely in your hands, so if you disagree with your doctor, that’s fine. But sometimes, you don’t know what you don’t know, and it’s helpful to have an expert by your side.

If you have additional questions about the living will and its purpose in protecting your family and communicating your medical preferences in emergencies or life-threatening situations, contact a local estate planning attorney. They are the best source for accurate information on how to proceed with creating a living will.

DISCLAIMER: Individual circumstances and state laws vary, so only undertake estate planning with the help and assistance of an attorney licensed in your state.

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