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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

  1. 1

    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.

  2. 2

    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.

  3. 3

    Without a living will, healthcare decisions may default to state law and medical protocols, which might not align with your personal wishes.

  4. 4

    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.

  5. 5

    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.

  6. 6

    Review and update your living will every 3-5 years or after significant life changes to ensure it continues to reflect your current wishes.

  7. 7

    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

High net worth individuals

Married individuals with children

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.

Customize your Living Will Template with DocDraft

Does your Living Will need to be notarized?

Whether a Living Will needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

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