A living will (also called an advance healthcare directive) is a legal document that specifies what medical treatments you do or don't want if you become incapacitated and can't communicate your wishes. It's not about money — it's about healthcare decisions.
Living will vs. last will
These are completely different documents:
- Living will — takes effect while you're alive, if you're incapacitated. Covers medical treatment.
- Last will and testament — takes effect after you die. Covers asset distribution.
Don't confuse them. You need both.
What a living will covers
- Life-sustaining treatment — whether you want CPR, mechanical ventilation, or feeding tubes if there's no reasonable chance of recovery.
- Pain management — whether you want aggressive pain relief even if it may shorten your life.
- Organ donation — your wishes about organ and tissue donation.
- Artificial nutrition and hydration — whether you want tube feeding or IV fluids.
How it works
- You designate a healthcare agent (also called a healthcare proxy) — someone you trust to make medical decisions if you can't.
- You specify your wishes in writing.
- The document is signed, witnessed, and (in some states) notarized.
- Copies go to your doctor, hospital, healthcare agent, and family members.
A living will only takes effect if you're unable to communicate. If you can speak for yourself, your verbal instructions always take precedence.
State-specific requirements
- Witness requirements — most states require 2 witnesses who are not your healthcare agent or family members.
- Notarization — some states require notarization in addition to witnesses.
- Healthcare proxy — some states combine the living will and healthcare proxy into one document.
Make it legal
- Sign in the presence of your witnesses (and notary if required).
- Give copies to your doctor, hospital, healthcare agent, and family.
- Review and update every 3–5 years or after any major health event.
A state-specific living will drafted to your wishes takes about ten minutes.