What is a Living Will? 10 Most Common Questions Answered

When it comes to understanding all the paperwork and legal documents regarding something as important as your health, it can feel overwhelming and confusing. In this post, we’ll answer the 10 most common questions and misunderstandings about drafting a living will ─ a legal document stating your personal preferences regarding medical treatment in a situation that you are unable to make the decision yourself. 

1. How Can I Find the Resources to Write a Living Will?

Most medical facilities and hospitals will have the resources to get you started preparing your living will. Ask your general practitioner for information, forms, and advice to get you started. You can also get legal advice from a professional when drafting your will. There are resources online, including online forms and other information, but there are different requirements depending on your state, so be sure to double-check for accuracy. 

2. How Is a Living Will Different from a ‘Last Will and Testament’? 

A living will is a document recounting your healthcare preferences in the event that you are unable to consent to a healthcare procedure. This document is valid until your passing. A “last will and testament”, typically referred to as a will, is a general document allocating your estate to your specified loved ones after your passing. Essentially, a will deals with your property after you pass away, and a living will addresses your medical care while you are alive but unable to express your wishes.

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3. Is a Living Will a Legal Document?

Yes. Your living will can be as specific or vague as you want, but in order for it to be recognized as a legal document, you will need to fill out an advance directive form, which will then be subsequently signed and/or notarized in accordance with state regulations. Your will does not need to be submitted to the state, but instead should be safely kept with individuals who will have authority over your healthcare decisions (‘the agents’), and/or with your doctor.

4. What Can and Can’t I Include in a Living Will?

You can include information about what you want your healthcare to include if you aren’t able to consent to the care yourself. Living wills typically focus on information related to your healthcare prior to your passing. There are other documents that do address other issues regarding your estate (your assets).

5. What if I Want to Change It? 

You can change your living will at any time. Changing or canceling your living will is similar to destroying any other will, and while it is possible to simply destroy the will to cancel its authority, it that you consult a legal professional if you want to edit your will or cancel it. 

6. How Long Does a Living Will Last?

The document will remain in effect from the date of verification until you pass away, or if the document is legally altered or destroyed. While the will won’t expire, it is recommended to review and/or update your living will every ten years to ensure your preferences remain current.

7. What’s the Difference Between an Advance Healthcare Directive and a Living Will?

An advance healthcare directive is a broader term than a living will alone. While an advance medical directive can describe a number of different legal documents that describe your healthcare preferences in case you cannot make medical decisions yourself, a living will is a specific kind of advance medical directive. This document specifies in writing the types of procedures and directions you would want your loved ones to take if you were not able to make those decisions yourself.

8. When is a Living Will Used?

A living will is typically used if you cannot consent to a medical decision (if you were incapacitated, or suffering from memory loss or loss of decision-making capabilities like Alzheimer’s Disease or dementia). However, be assured that your doctor will do their best to address your immediate concerns for as long as possible without using the living will.

9. What Happens if I Don’t Have a Living Will?

Depending on the state, there is a prescribed order of individuals who will have authority over your healthcare decisions. Individuals along this order may range from your legal partner to family members to trusted friends. If you decide not to have a living will prepared, at least be aware of who may have the default authority to make healthcare decisions on your behalf in the event of an emergency.

10. What’s the Benefit of a Living Will?

There is security in preparation. While it often feels taboo to discuss the worst-case scenario, situations do arise. Having a living will is one way to be prepared in case of an unforeseen situation. Additionally, it can help alleviate the stress of loved ones by taking the responsibility of making critical healthcare decisions off their shoulders. 

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