What Is a Living Will?

What Is a Living Will?

Let me explain what a living will is—it's also known as an advance directive, and it's a legal document where you specify the type of medical care you do or don't want if you're ever unable to communicate your wishes.

Key Takeaways

You need to know that a living will is a legal document detailing the type and level of medical care you want if you can't make decisions or communicate when care is needed. It addresses many life-threatening treatments and procedures, such as resuscitation, ventilation, and dialysis. You can appoint a healthcare proxy to make decisions regarding care when you're unable to do so. Remember, a living trust is different—it's a legal document that addresses how your assets should be managed if you're incapacitated. You can enlist the services of an estate planner or an attorney to help draft or review a living will.

Understanding a Living Will

Living wills and advance directives only come into play when you face a life-threatening condition and can't communicate your desires for treatment. Every state allows for the drafting of a living will, though some call it a medical directive or a health-care proxy. Some states let you prepare a detailed, customized living will, while others require you to fill out a standardized form.

What Is Included in a Living Will?

Your living will addresses many of the medical procedures common in life-threatening situations, such as resuscitation via electric shock, ventilation, and dialysis. You can choose to allow some of these procedures or none of them. You can also indicate whether you wish to donate organs and tissues after death. Even if you refuse life-sustaining care, you can express the desire to receive pain medication throughout your final hours.

If you reside or spend a lot of time in another state, make sure your living will is valid in both places, as rules vary per state. In most states, you can extend your living will to cover situations where there is no brain activity or where doctors expect you to remain unconscious for the rest of your life, even if a terminal illness or life-threatening injury isn’t present. Because these situations can happen to anyone at any age, it's a good idea for all adults to have a living will.

How to Make a Living Will

Before making a living will, understand that it won't serve as a last will and testament, where property and personal effects are allocated to others upon death. A living will stipulates the type and levels of medical care you receive if you're incapacitated and how long you'll receive that care for.

When creating your will, consider how you want to integrate your personal or religious beliefs into the care you receive. It might be helpful to segment the living will into categories of care. You could first identify the circumstances in which care should be extended to preserve life and what types of life-saving or preserving care, such as blood transfusions and dialysis, should be administered.

Include a category to address whether you want care if you're in a vegetative or unconscious state. Indicate where you want to receive medical care: nursing home, at home, or in some other facility. You can also request how nutrition will be provided.

Another category to consider is pain management. Indicate the types and levels of treatment to manage pain. You can further break down this category into life-sustaining pain management and pain management in lieu of life-sustaining care.

If you have family or friends who will be responsible for overseeing your care, discuss your plans with them. It might be helpful to include them in the decision-making process as they might have insight into areas otherwise overlooked when planning alone. Lastly, enlist the help of a professional, such as an estate planner or an attorney. These experts can help you make decisions for the best possible outcomes.

Healthcare Proxy

In addition to a living will, you can select a health-care proxy who is allowed to make decisions if you're incapable of making those choices. Some states call this individual a healthcare power of attorney. Living wills cover many medical decisions, but a health-care proxy can consult with the doctor on other issues that may arise.

When facing the loss of a loved one, families often disagree over treatment, so having a healthcare proxy can reduce confusion over your final wishes. You should discuss wishes with the proxy before naming this person and be sure the proxy is willing to follow through with your desires.

Living Will vs. Living Trust

Although a living will and a living trust are different, a living will involves how you'll be cared for if you're in a compromised or incapacitated state. This medical directive terminates upon your death.

A living trust deals with the property and assets of an incapacitated person. The trust essentially becomes the new owner of the assets. Under the living trust agreement, a trustee, or the person or persons responsible for managing the assets, is identified. Just as a living will deals with a living person, a living trust deals with the assets of a living person. They are both executed when the initiator lacks the capacity to make decisions for themselves.

Do I Lose Control of My Living Will If I Appoint a Proxy?

You will not lose control of your living will while you have the ability or capacity to make decisions. If incapacitated, the proxy has the legal authority to act on your behalf, making decisions about your healthcare. Review the living will with the proxy to ensure they understand your wishes and agree to enforce them when needed.

What Is the Difference Between a Living Will and a Last Will and Testament?

A living will addresses the type of medical treatment you'll receive if you're unable to make decisions for yourself. The last will and testament addresses how your assets will be allocated or disposed of upon your death.

What Is a Bank’s Living Will?

A bank's living will is a legal report filed annually by companies instructing how the business will be liquidated in the event of insolvency. Banks with at least $50 billion in assets are required to file a living will with regulators.

The Bottom Line

A living will is a legal document that specifies the desired medical care you wish to have if you lose the ability to communicate. In the case of an unconscious person who suffers from a terminal illness or a life-threatening injury, doctors and hospitals consult a living will to determine whether or not you want life-sustaining treatment, such as assisted breathing or tube feeding.

In the absence of a living will, decisions about medical care become the responsibility of the spouse, family members, or other third parties. These individuals may be unaware of your desires, or they may not wish to follow your unwritten, verbal directives.