Living Will: Definition, Purpose, and How to Make One
What is a living will?
A living will (also called an advance directive) is a legal document that records the medical care you want—or do not want—if you become unable to communicate decisions. It guides doctors, nurses, and loved ones about life-sustaining treatments and other end-of-life care choices.
Key points
- Applies only when you are incapacitated and cannot express your wishes.
- Covers life-sustaining treatments such as CPR, mechanical ventilation, dialysis, artificial nutrition/hydration, and pain management.
- Can include organ and tissue donation preferences.
- Often used together with a designated healthcare proxy (medical power of attorney) who can make decisions on your behalf.
- Rules and required forms vary by state; check local requirements and consider legal review.
What a living will typically covers
- Resuscitation (CPR) — whether you want emergency resuscitation if your heart or breathing stops.
- Mechanical ventilation — whether to use a ventilator if you cannot breathe independently.
- Dialysis and other life-supporting treatments — whether to continue or refuse interventions.
- Artificial nutrition and hydration — tube feeding and IV fluids.
- Pain control and palliative care — your preferences for comfort measures even if life-prolonging treatment is declined.
- Conditions triggering the directive — e.g., terminal illness, persistent vegetative state, irreversible loss of brain function.
- Organ/tissue donation — consent or refusal after death.
How to create a living will
- Reflect on values and goals of care: your beliefs, quality-of-life thresholds, and treatment priorities.
- Decide specific preferences: treatments to accept or refuse, pain management, nutrition, organ donation, and preferred care setting (home, hospital, hospice).
- Consider categories: emergency interventions, long-term life support, and comfort-only approaches.
- Appoint a healthcare proxy: name someone you trust to interpret and carry out your wishes when situations arise that the document doesn’t explicitly address.
- Use the correct legal form: follow your state’s requirements—many states offer standardized forms. Some require witnesses or notarization.
- Discuss your choices: talk with the appointed proxy, family members, and your primary clinician so everyone understands your wishes.
- Store and share: keep the original where it can be found, give copies to your proxy, family, and healthcare providers, and carry a donor card or medical alert if applicable.
- Review and update: revisit the document after major life changes, diagnosis shifts, or changes in preferences.
Healthcare proxy (medical power of attorney)
A healthcare proxy is the person you designate to make medical decisions for you if you cannot. The proxy:
* Has authority to make choices that align with your living will and best interests.
Can consult physicians on matters not covered by your directive.
Should be willing to follow your expressed wishes and able to advocate under stress.
Discuss your wishes with the chosen proxy in advance and make sure they understand and accept the role.
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Living will vs. living trust vs. last will
- Living will: directs medical care while you are alive but unable to decide; ends at death.
- Living trust: a legal arrangement for managing your assets during your life and after incapacity; focuses on property and financial matters.
- Last will and testament: specifies distribution of assets after death and names guardians for minor children; becomes effective only at death.
Common questions
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Do I lose control by appointing a proxy?
No — you keep control while competent. If you become incapacitated, the proxy legally acts on your behalf consistent with your directives. -
Is a living will the same everywhere?
No — names, forms, and legal requirements differ by state. Confirm local rules and consider getting the document witnessed or notarized if required. -
Where should I keep it?
Keep the original in a safe, accessible place and give copies to your proxy, loved ones, and healthcare providers. Consider uploading to an electronic health record or medical document service. -
Do I need an attorney?
Not always, but attorneys or estate planners can help with complex situations, ensure state compliance, and coordinate the living will with other legal documents.
Special note: “bank living will”
Banks and large financial institutions use a different concept called a “living will” (resolution plan) to spell out how they would be wound down in insolvency. This is unrelated to personal advance directives.
Bottom line
A living will clarifies your medical wishes when you cannot speak for yourself, reduces uncertainty and family conflict, and guides clinicians about life-sustaining and comfort-focused care. Create one that reflects your values, appoint a trusted healthcare proxy, follow your state’s legal requirements, and keep the document accessible and up to date.