Living Will
A living will is a legal document that lets you state, in your own words, what medical treatment you want or don't want if you become seriously ill or injured and cannot communicate.
Introduction
A living will is a legal document that lets you state, in your own words, what medical treatment you want or don't want if you become seriously ill or injured and cannot communicate. Unlike a last will and testament, which only takes effect after death, a living will is active during your lifetime, when you cannot speak for yourself about your own care. Execution rules, such as witness or notary requirements, and even the exact instrument name, vary by state, so this guide covers the document nationally and links to the specific requirements for your state.
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Key Things to Know
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A living will only takes effect when you cannot communicate your own healthcare decisions and typically requires certification from healthcare providers that you are incapacitated.
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Living wills are recognized in all 50 states, but the specific requirements and forms vary by state, so ensure your document complies with your state's laws.
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Without a living will, healthcare decisions may default to state law and medical protocols, which might not align with your personal wishes.
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Simply creating a living will isn't enough. You need to communicate its existence and location to family members and healthcare providers to ensure it's followed when needed.
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Consider combining your living will with a healthcare power of attorney to name someone you trust to interpret your wishes and make decisions in situations not specifically covered in your living will.
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Review and update your living will every 3-5 years or after significant life changes to ensure it continues to reflect your current wishes.
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A living will can be especially important for individuals with specific religious beliefs or personal values about certain medical treatments.
Key Decisions
Single individuals without children
This question addresses whether you wish to donate your organs or tissues after death to help others through transplantation, research, or education. Including your donation preferences in your living will ensures your wishes are known and can be honored. For single individuals without children, making these wishes clear can prevent confusion among extended family members who might otherwise need to make these decisions.
I wish to donate any organs and tissues that can be used to help others
Common choice that allows for the broadest use of organs and tissues to help others through transplantation, research, or education.
Most Common OptionI wish to donate only specific organs or tissues (to be specified in the document)
Common for those who are comfortable with donation but have specific preferences about which organs or tissues they wish to donate.
I do not wish to be an organ or tissue donor
Less common but chosen by those who have personal, religious, or cultural reasons for not wanting to participate in organ donation.
This question addresses the use of pain medications that might relieve suffering but could potentially shorten life as a side effect. This is known as the 'double effect' principle in end-of-life care. Your answer helps medical providers understand how to balance pain relief against other considerations in your care.
I want maximum pain relief, even if it might unintentionally hasten my death
Most common choice as most people prioritize being comfortable and free from pain at the end of life, even if pain medication might have the side effect of shortening life.
Most Common OptionI want pain relief balanced with consciousness (enough to control pain but keep me alert when possible)
Common for those who want to remain as aware and interactive as possible while still managing pain. This balances comfort with the ability to communicate with loved ones.
I want minimal pain medication to maximize my lifespan, even if it means experiencing more pain
Least common option but chosen by some who prioritize extending life as long as possible or have concerns about being overly sedated.
Artificial nutrition and hydration involves delivering nutrients and fluids through tubes when you cannot eat or drink normally. This question specifically addresses whether you would want feeding tubes used temporarily, long-term, or not at all in different scenarios. This is important because feeding tubes can sometimes sustain life for extended periods even when there is little to no chance of recovery.
I want artificial nutrition and hydration only if it will help me recover, not just prolong dying
Most common approach that allows feeding tubes when they might help recovery but avoids them when they would only extend the dying process without improving quality of life.
Most Common OptionI do not want artificial nutrition and hydration under any circumstances
Less common but chosen by those who feel strongly that they would not want to be sustained by artificial means. This option often reflects concerns about dignity at end of life.
I want artificial nutrition and hydration in all circumstances where it's medically possible
Less common but chosen by those who want all available measures to sustain life, often for religious or personal beliefs about the sanctity of life.
This question addresses your wishes for medical interventions that would prolong your life but not cure your condition. Your answer guides healthcare providers on whether to use treatments like mechanical ventilation, dialysis, or tube feeding when you have a terminal illness with no chance of recovery. This is a deeply personal decision that reflects your values about quality of life versus length of life.
I want comfort care only (palliative care to manage pain and symptoms, but no life-prolonging measures)
Common choice for those who prioritize quality of life over longevity. This focuses on keeping you comfortable rather than extending life when recovery isn't possible.
Most Common OptionI want limited interventions (basic medical treatments but no extraordinary measures)
Common middle ground that allows for antibiotics, IV fluids, and similar treatments, but avoids more invasive measures like ventilators or dialysis when there's no hope of recovery.
I want all available life-sustaining treatments regardless of prognosis
Less common but chosen by those who want every possible measure taken to extend life, regardless of quality of life considerations or likelihood of recovery.
A healthcare agent is someone you trust to make medical decisions on your behalf if you become unable to communicate. This person will be responsible for ensuring your wishes in the living will are followed and making decisions in situations not specifically covered by your living will. For single individuals without children, this is often one of the most important decisions, as you need to designate someone who understands your values and will advocate for you when you cannot speak for yourself.
A close family member (parent, sibling)
Most common choice as family members often understand your values and have your best interests at heart. However, consider whether they would respect your wishes even if they disagree.
Most Common OptionA trusted friend
Common for those who have close friends who better understand their wishes than family members. Friends may be more likely to follow your exact wishes without emotional complications that sometimes affect family.
A professional fiduciary or attorney
Less common but provides objectivity. This option works well if you don't have close relationships or want to avoid burdening loved ones with difficult decisions.
High net worth individuals
This question addresses the coordination between your healthcare directives and your broader estate plan. For high net worth individuals, ensuring alignment between these documents is crucial to prevent conflicts between healthcare decisions and asset management. Your living will can have significant implications for how and when your assets are used, particularly regarding payment for extended care or experimental treatments. Proper coordination ensures your healthcare wishes don't inadvertently undermine your estate planning goals or vice versa.
Fully integrate living will with estate planning documents, with explicit instructions on using assets for medical care
This comprehensive approach ensures your healthcare agent and financial agents/trustees work together with clear guidelines on when and how assets should be used for your care. This option provides the most coordination and typically involves your estate planning attorney drafting provisions in multiple documents.
Most Common OptionKeep healthcare decisions separate from financial considerations
This approach creates a firewall between medical decisions and financial concerns, instructing your healthcare agent to make decisions based solely on your medical wishes without regard to preserving assets. This may be chosen to ensure healthcare decisions aren't influenced by inheritance considerations.
Establish specific financial limits or conditions for certain types of care
This option sets parameters around financial expenditures for certain treatments or care situations. For example, you might specify a maximum duration for expensive interventions or limit experimental treatments to those covered by insurance. This balances medical care with asset preservation goals.
This question addresses whether you would want to participate in experimental treatments or clinical trials if standard treatments have failed. For high net worth individuals, access to cutting-edge or experimental treatments may be more readily available, but these interventions come with uncertainties regarding effectiveness, side effects, and quality of life. Your answer helps guide your healthcare agent when faced with decisions about novel or unproven treatments that might extend life but with unknown consequences.
Allow participation in experimental treatments or clinical trials if there is reasonable potential for benefit
This balanced approach permits your healthcare agent to approve experimental treatments when there's a reasonable chance they might help, while avoiding those with minimal potential benefit or excessive burden.
Most Common OptionDecline all experimental treatments and clinical trials
This conservative approach focuses on proven treatments and comfort care rather than experimental options. It may be chosen by those who prioritize quality of remaining life over pursuing every possible life-extending option.
Aggressively pursue all available experimental treatments regardless of potential burden
This approach authorizes your healthcare agent to pursue any potentially life-extending treatments, even those with low probability of success or high burden. This may be chosen by those who want to exhaust all possibilities before accepting end-of-life care.
This question addresses how aggressively you want healthcare providers to manage your pain and provide comfort measures, even if these interventions might unintentionally hasten death. Pain management is a critical component of end-of-life care and can significantly impact your quality of life during your final days. For high net worth individuals who may have access to premium healthcare options, being specific about comfort care preferences can ensure you receive the level of care you desire while potentially preserving assets for heirs by avoiding unnecessary interventions.
Maximize pain relief and comfort, even if it might unintentionally hasten death
This option prioritizes comfort and dignity, directing healthcare providers to use whatever medications necessary to relieve pain and suffering, even if higher doses might potentially shorten life as a side effect (though not the intention).
Most Common OptionBalance pain management with maintaining alertness and awareness
This approach seeks to control pain while minimizing sedation, allowing you to remain as alert and interactive as possible. This may mean accepting some level of discomfort in exchange for more awareness.
Prefer minimal pain medication to maximize alertness, even if it means experiencing more discomfort
This less common option prioritizes mental clarity over pain relief. Some individuals choose this if they strongly value being able to communicate and make decisions until the very end, even if it means experiencing more physical discomfort.
A healthcare agent (also called a healthcare proxy or medical power of attorney) is someone you trust to make healthcare decisions for you when you cannot communicate your wishes. This person will interpret your living will and work with medical professionals to ensure your wishes are followed. They may need to make decisions in situations not explicitly covered in your living will. For high net worth individuals, this person should understand your values regarding quality of life and be able to resist potential conflicts of interest from heirs or other stakeholders who might be affected by your medical decisions.
Designate a spouse or partner as primary healthcare agent
Spouses or partners are commonly chosen as they typically know your wishes best and are most likely to be present during medical emergencies. However, they may be too emotionally affected to make difficult decisions.
Most Common OptionDesignate an adult child or other family member as primary healthcare agent
Family members other than spouses are also common choices, especially when they have relevant medical knowledge or decision-making abilities. Consider choosing someone who can remain objective and advocate strongly for your wishes.
Designate a trusted friend, professional advisor, or non-family member as primary healthcare agent
Some individuals prefer someone outside the family who may be less emotionally involved and more objective. This could include a trusted friend, attorney, or financial advisor who understands your values and wishes.
This question addresses your preferences for medical interventions that would artificially prolong your life when recovery is unlikely. Life-sustaining treatments can include mechanical ventilation (breathing machines), artificial nutrition and hydration (feeding tubes), dialysis, and cardiopulmonary resuscitation (CPR). Your answer guides healthcare providers on which interventions to withhold or withdraw when you cannot communicate and have a terminal illness or are permanently unconscious. For high net worth individuals, this decision can have significant implications for estate planning, as prolonged medical care may impact assets intended for heirs or charitable causes.
Refuse all life-sustaining treatments if I have a terminal condition or am permanently unconscious
This is the most comprehensive refusal and is chosen by many who prioritize quality of life over longevity. It typically results in comfort care only (palliative care) to manage pain and symptoms without artificially extending life.
Most Common OptionRefuse specific treatments (such as mechanical ventilation and artificial nutrition) but allow others
This selective approach allows you to refuse certain interventions while accepting others. For example, you might refuse ventilators but accept short-term feeding tubes. This requires more detailed instructions in your living will.
Allow all medically appropriate life-sustaining treatments regardless of prognosis
This option directs healthcare providers to use all available medical technologies to extend life, regardless of quality of life considerations. This approach may lead to prolonged hospitalization and intensive care.
Married individuals with children
Organ and tissue donation allows your organs and tissues to be used after death to help others through transplantation or medical research. Including your donation preferences in your living will helps ensure your wishes are known and can be honored. For parents, this decision may include considering how you want to model values of generosity and helping others for your children. Your donation decision can be included in your living will, though you should also register as a donor with your state's registry if you wish to donate.
I want to donate any needed organs and tissues for transplantation, therapy, research, and education
This maximizes the potential benefit to others after your death. This comprehensive donation option is common among those who wish to help as many people as possible.
Most Common OptionI want to donate only specific organs or tissues (to be specified separately)
This allows you to choose which organs or tissues you're comfortable donating. Some people have specific concerns about certain organs or tissues while still wanting to help others.
I do not want to donate any organs or tissues
This option declines all donation. Some choose this due to religious beliefs, cultural practices, or personal preferences about bodily integrity after death.
This question addresses the balance between pain relief and life extension. Sometimes, medications that effectively manage pain and provide comfort may have the side effect of potentially shortening life. This concept, known as the 'double effect,' is ethically accepted in medical practice when the primary intention is comfort, not hastening death. As parents, you may want to consider how your pain management choices might affect your ability to interact with your children during end-of-life care.
I want maximum pain relief and comfort care, even if it might unintentionally hasten my death
This prioritizes comfort and dignity at the end of life. This is the most common choice as most people prefer not to experience severe pain, even if pain medication might slightly shorten life.
Most Common OptionI want pain relief balanced with consciousness, even if it means experiencing some pain
This option aims to maintain alertness for interaction with loved ones while still managing pain. Some choose this to maximize meaningful time with family, especially children.
I want minimal pain medication to maximize length of life, even if it means experiencing more pain
This prioritizes extending life over pain management. This is rarely chosen but may align with certain religious or personal values about suffering or avoiding medication.
A healthcare agent is someone you trust to make medical decisions on your behalf if you become unable to communicate. This person will be responsible for interpreting your living will and working with medical professionals to ensure your wishes are followed. For married individuals with children, this decision often involves considering who would best represent your values while balancing family dynamics. Your agent should understand your wishes, be willing to advocate for you, and be able to make difficult decisions under emotional stress.
I want to designate my spouse as my primary healthcare agent
Choosing your spouse ensures decisions are made by someone who likely knows you intimately and shares in parenting responsibilities. This is the most common choice for married individuals as spouses typically have the closest understanding of each other's values.
Most Common OptionI want to designate an adult family member other than my spouse (such as a sibling or parent) as my primary healthcare agent
Some people choose a family member other than their spouse if their spouse might be too emotionally affected to make difficult decisions, or if they believe another family member better understands their healthcare values.
I want to designate a trusted friend as my primary healthcare agent
Occasionally people choose a trusted friend, particularly if that person has medical knowledge or has demonstrated good judgment in crisis situations. This is less common but may be appropriate in some circumstances.
Artificial nutrition and hydration involves delivering nutrients and fluids through tubes when you cannot eat or drink normally. This is often one of the most difficult decisions for families because food and water are seen as basic care rather than medical treatment by many people. However, in some terminal conditions, artificial feeding may prolong the dying process without improving quality of life. As parents, you may want to consider how your children might perceive decisions about nutrition and hydration, as these can be emotionally charged issues for family members.
I want artificial nutrition and hydration in all circumstances
This ensures you receive nutrition and hydration regardless of your condition. Some choose this option based on religious beliefs or the view that food and water are basic needs rather than medical treatments.
I want artificial nutrition and hydration unless my physician determines it would cause suffering or be medically ineffective
This balanced approach allows medical professionals to make decisions based on your specific situation. This is the most common choice as it allows for professional judgment while respecting the importance of nutrition.
Most Common OptionI do not want artificial nutrition and hydration if I have a terminal condition or am permanently unconscious
This option avoids interventions that may prolong the dying process without improving quality of life. Some choose this to avoid extending suffering when recovery isn't possible.
This question addresses your preferences for medical interventions when you have a terminal illness with no reasonable hope of recovery. Life-sustaining treatments can include mechanical ventilation (breathing machines), artificial nutrition and hydration (feeding tubes), dialysis, and other interventions that may prolong life but not cure your condition. Your choice here guides healthcare providers on whether to focus on extending life through all available means or prioritizing comfort care. As parents, your decision may impact how much time you have with your children during end-of-life situations, though quality of that time is also an important consideration.
I want all available life-sustaining treatments, regardless of prognosis or quality of life
This option maximizes the length of life but may involve significant medical intervention and potentially reduced quality of life. Some people choose this to have maximum time with family or for religious reasons.
I want limited life-sustaining treatments, focusing on comfort while allowing natural death if my condition is irreversible
This balanced approach allows for some interventions but prioritizes comfort when recovery is unlikely. This is the most common choice as it allows medical professionals some flexibility while avoiding prolonged suffering.
Most Common OptionI want comfort care only (palliative care) with no life-sustaining treatments
This option focuses exclusively on pain management and comfort rather than extending life. Some choose this to avoid what they consider unnecessary suffering when recovery isn't possible.
Living Will Requirements
Full legal name and identification
Include the full legal name of the person creating the living will (the declarant), along with any other identifying information such as date of birth and address to clearly establish identity.
Contact information
Include current address, phone number, and email address to ensure the document contains up-to-date contact information.
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