Living Wills and Advance Directives

You have control over your own health care decisions. But if you can’t communicate your health care wishes, someone else must make them for you. Through a living will, you can convey your choices in a medical situation when you are unable to do so.

A living will is an important estate planning tool for end-of-life care. Estate planning laws vary by state. Talk to a local estate planning attorney for legal advice about your state’s requirements for making a living will.

What Is a Living Will?

A living will, also known as an advance directive, contains specific instructions about your medical decisions. An advance directive is an estate planning document that gives instructions for your future medical care. A living will communicates your preferred medical treatment when you’re mentally or physically incapacitated.

For example, someone in a coma can’t communicate. Without a living will or designating a health care proxy or health care power of attorney, your health care providers will base their care on legal requirements and policies. A living will can give your health care decisions in a given situation. Health care providers can follow your wishes with a living will.

A living will differs from a last will and testament, which outlines how you will distribute your assets after your death. But a living will specifies your medical treatment preferences while you’re still alive but cannot communicate.

What Does a Living Will Cover?

A living will can cover a variety of treatment interventions. In general, you can indicate what type of treatment you want, depending on the situation. Some common issues a living will addresses include:

• Feeding tubes
• Breathing tubes
• Resuscitation (DNR)
• Dialysis
• Organ donation
• Palliative care for a terminal illness
• Life support
• Persistent vegetative state

Do You Need a Living Will?

If you can’t communicate, your medical care is based on state medical default practices. For example, doctors may be required to prolong your life as long as possible. Even if you’re in a vegetative state or don’t need CPR, the hospital may continue life-sustaining treatment. Other times, and depending on the jurisdiction, immediate family members, such as your spouse, may be given power to make decisions on your behalf.

A living will may be the only way to communicate your wishes if you cannot. It can give you peace of mind to make your own decisions when incapacitated. When you make a living will, talk to loved ones about your needs and wishes for end-of-life care.

Do You Need a Medical Power of Attorney?

A living will allows you to leave instructions on health care treatment during incapacity. With a durable power of attorney for health care, you can pick someone else to make health care decisions on your behalf.

You can control the duration and legal extent of a power of attorney. For example, a medical power of attorney may only kick in when you no longer have the mental capacity to make decisions. Before designating a health care surrogate, talk to them about your health care wishes so they can make the best decisions for you.

An advance health care directive can combine with medical powers of attorney. This allows you to leave directions about your care and designate someone else to make other decisions not covered in the living will.

How Should You Make a Living Will?

The legal requirements for a living will and advance directive depend on state law. Consult your local laws and requirements to make sure your advance care directives are valid. There are many websites offering low-cost, do-it-yourself estate planning document creation, including living wills.

After making your living will, talk to your family members and loved ones about your wishes. Talk to anyone you designate as a health care proxy to make sure they understand what treatment you want when incapacitated. Give them a copy of your living will. You should also provide a copy of your advance directive to your health care provider.

An estate planning attorney can help you prepare a living will. Even if you use a website to create the living will first, you can take it to an attorney to have them review it. There may be scenarios you haven’t thought of that a lawyer can advise you to include in your document.