A living will is a legal document that tells doctors and family members what medical treatments you do or do not want if you cannot speak for yourself. It is one of the most important documents you can have — and one of the most commonly overlooked.
Living Will vs. Last Will and Testament
These are two different documents that serve different purposes:
- Living will (also called an advance directive): Instructions for your medical care while you are alive but incapacitated. Covers decisions like ventilators, feeding tubes, resuscitation, and pain management.
- Last will and testament: Instructions for distributing your assets after you die. Names beneficiaries and an executor.
Both are important. A living will protects you during a medical crisis; a last will protects your loved ones after you pass.
What a Living Will Covers
A living will typically addresses:
- Life-sustaining treatment: Whether you want to be kept alive by machines if there is no reasonable chance of recovery.
- CPR (cardiopulmonary resuscitation): Whether you want doctors to attempt to restart your heart if it stops.
- Artificial nutrition and hydration: Whether you want feeding tubes or IV fluids if you cannot eat on your own.
- Comfort care (palliative care): Instructions to keep you comfortable and free of pain, even if life-extending treatment is refused.
- Organ and tissue donation: Your wishes regarding donation after death.
Healthcare Power of Attorney (HCPA)
A healthcare power of attorney is a related document that names a specific person — called a healthcare proxy or agent — to make medical decisions for you when you cannot. This person follows your living will as guidance but can also make judgment calls in situations your document did not anticipate.
Having both a living will and an HCPA gives you the most complete protection. Your proxy can speak for you; your living will tells them how.
Who Needs a Living Will?
Every adult over 18 should have one. You do not have to be elderly or seriously ill. Unexpected accidents and medical emergencies happen at any age. Without a living will, your family may be forced to make agonizing decisions without knowing what you would have wanted — and they may disagree with each other.
How to Create a Living Will
- Think about your wishes. Consider what quality of life matters to you and under what conditions you would or would not want life-sustaining treatment.
- Talk to your doctor. Your doctor can explain what various treatments actually involve so you can make informed choices.
- Use a state-specific form. Living will requirements vary by state. Use a form designed for your state. Free forms are available from the National Hospice and Palliative Care Organization (CaringInfo.org) and your state’s health department.
- Sign in front of witnesses. Most states require two witnesses who are not family members or beneficiaries, plus a notary in some states.
- Give copies to your doctor and family. File a copy with your primary care physician, give one to your healthcare proxy, keep one at home, and consider registering it with your state’s advance directive registry.
How Much Does a Living Will Cost?
You can create a basic living will for free using state-provided forms. Online legal services like LegalZoom or Trust & Will charge $39 to $200 for a complete advance directive package including HCPA. An estate planning attorney charges $150 to $400 for a standalone living will, or includes it as part of a full estate plan.
Review Your Living Will Periodically
Update your living will after major life events: marriage, divorce, diagnosis of a serious illness, or changes in your beliefs about end-of-life care. Review it at least every 5 years to make sure it still reflects your wishes.
Bottom Line
A living will is a simple document that protects both you and your family during a medical crisis. It takes less than an hour to create, costs nothing if you use state forms, and prevents enormous stress for your loved ones. Every adult needs one.