Attorney-Approved Living Will Template

What is a Living Will?

A Living Will is a legal document that spells out your preferences regarding medical treatments and interventions in situations where you cannot make decisions for yourself. This could be due to illness or incapacitation. It helps guide your healthcare providers and loved ones in making healthcare decisions that align with your values and wishes.

Who should have a Living Will?

Everyone aged 18 and older might consider having a Living Will. It's a common misconception that only older adults need this type of document. However, unforeseen circumstances can happen at any age, and having a Living Will ensures your healthcare preferences are known and respected, regardless of your age or health status.

How is a Living Will different from a Power of Attorney?

A Living Will specifically addresses your desires regarding medical treatment when you cannot express your wishes due to incapacity. On the other hand, a Power of Attorney (POA) for healthcare allows you to appoint someone else to make healthcare decisions on your behalf. While a Living Will expresses your medical treatment preferences, a POA names someone to make those decisions if you’re unable to do so.

Do I need a lawyer to create a Living Will?

No, it is not mandatory to have a lawyer to create a Living Will. There are many resources and templates available that can help you draft a Living Will. However, consulting with a legal professional can ensure that your Living Will complies with your state’s laws and addresses all necessary aspects of your care preferences.

Can I change my Living Will?

Yes, you can change your Living Will at any time. Life situations and your desires regarding medical treatment might change, and it's important that your Living Will reflects your current wishes. To make changes, it’s often recommended to create a new Living Will and ensure it is dated, signed, and witnessed according to your state's laws. Additionally, make sure to communicate these changes to everyone who has a copy of the original document.

What happens if I don’t have a Living Will?

Without a Living Will, decisions about your medical care in situations where you cannot speak for yourself will be left to family members or healthcare providers. This can lead to uncertainty or disputes among your loved ones about what you would have wanted. Having a Living Will removes that burden by providing clear guidance on your healthcare preferences.

One common mistake people make when filling out a Living Will form is not being specific enough about their healthcare wishes. It's crucial to provide clear directions regarding what types of life-sustaining treatments one does or does not want in the event of incapacitation. Vague instructions can lead to confusion and make it difficult for family members and healthcare providers to know what actions to take.

Another error involves neglecting to update the document. Life circumstances and health care preferences can change over time, making it essential to revisit and, if necessary, revise the Living Will. Without regular updates, the document might not accurately reflect one's current desires, potentially leading to unwanted medical interventions.

Many people also forget to discuss their Living Will with their family members and healthcare proxy or power of attorney. This oversight can cause unnecessary stress and confusion during critical times. It's important to ensure that those involved are aware of the document's existence and understand its contents.

Failure to legally execute the document according to state laws is another significant mistake. Each state has its own requirements for how a Living Will must be signed and witnessed. If these legal formalities are not correctly followed, the document may not be recognized as valid, rendering it useless in practice.

Some individuals mistakenly believe that a Living Will is a one-size-fits-all document without considering state-specific differences. Laws surrounding Living Wills vary from state to state, so it's important to use a form that complies with the laws of the state in which one resides or to at least be mindful of these variances when drafting the document.

There's also a tendency to confuse a Living Will with a Last Will and Testament, which serves an entirely different purpose. The former is concerned with healthcare decisions during one's lifetime, while the latter deals with the distribution of one's estate after death. Mixing up these documents can lead to significant misconceptions about what each accomplishes.

Finally, a common oversight is failing to distribute copies of the completed Living Will to relevant parties. Copies should be given to one's healthcare proxy, key family members, and perhaps even one’s primary care physician. Without access to the document, these individuals might be unaware of one's healthcare preferences, compromising the ability to honor those wishes.

When individuals consider their future healthcare preferences, especially in situations where they may not be able to make decisions for themselves, a Living Will form often comes to mind. However, several other important documents are commonly organized alongside a Living Will to ensure a comprehensive plan is in place. These documents together help articulate an individual's wishes regarding medical treatment, financial management, and after-death arrangements.

• Medical Power of Attorney - This document appoints a specific person, referred to as an agent, to make healthcare decisions on an individual’s behalf if they become incapable of making such decisions themselves.
• Durable Power of Attorney - Unlike the Medical Power of Attorney, this document grants an agent the authority to make legal and financial decisions for the individual. Its durability ensures the agent’s authority remains in effect even if the individual becomes incapacitated.
• Advance Directive - Often used synonymously with a Living Will, an Advance Directive more broadly outlines an individual's wishes regarding medical treatment and life-sustaining measures in specific scenarios.
• Do Not Resuscitate Order (DNR) - This medical order indicates that an individual does not want resuscitation if their heart stops or if they stop breathing. A DNR is signed by both the individual and their physician.
• Organ Donor Card - An Organ Donor Card is a document that states an individual’s intention to donate their organs and tissues after death. This can also be included in an Advance Directive or registered in a state organ donation registry.
• Last Will and Testament - This document outlines how an individual's property and belongings should be distributed after their death. It may also nominate a guardian for any minor children.
• Trust Documents - Trusts are created to provide legal protection for the individual’s assets, to ensure those assets are distributed according to their wishes, and, in some cases, to avoid probate. Trust documents can specify a variety of conditions for asset distribution.
• Funeral Planning Declaration - This allows an individual to outline their preferences for funeral arrangements and specify whether they prefer burial or cremation.
• HIPAA Release Form - The Health Insurance Portability and Accountability Act (HIPAA) release form authorizes healthcare providers to disclose an individual’s health information to designated persons, such as family members or the agents named in other healthcare-related documents.

By assembling these documents, individuals can have peace of mind knowing their wishes in a variety of situations have been clearly articulated and legally documented. Each document serves a unique purpose, working in conjunction with a Living Will to provide a comprehensive and legally sound plan for future healthcare decisions, the management and distribution of assets, and personal preferences upon incapacitation or death.

• Last Will and Testament:

  Similar to a Living Will, a Last Will and Testament outlines an individual’s preferences regarding the distribution of their assets after death. However, unlike a Living Will, it does not cover medical decisions while the individual is alive.

• Advance Directive:

  Very close in nature to a Living Will, an Advance Directive specifically dictates an individual’s healthcare preferences if they become unable to make these decisions themselves. These documents often encompass Living Wills within their broader framework.

• Healthcare Power of Attorney (POA):

  This document designates another person to make healthcare decisions on an individual’s behalf, complementing a Living Will by appointing a specific decision-maker rather than just outlining the individual’s wishes.

• Durable Power of Attorney:

  While a Healthcare POA focuses on medical decisions, a Durable Power of Attorney covers a wider range of decisions, including financial and legal ones, if the individual becomes incapacitated.

• Do Not Resuscitate (DNR) Order:

  A specific type of directive, a DNR order requests that no efforts be made to revive the individual if they stop breathing or their heart stops. It’s specific to resuscitation wishes and is similar to aspects of a Living Will that dictate end-of-life care preferences.

• POLST Form (Physician Orders for Life-Sustaining Treatment):

  Intended for those with serious illnesses, a POLST form outlines specific treatments an individual does or does not want, such as mechanical ventilation or feeding tubes, which are often topics covered in a Living Will.

• Organ Donor Registration:

  While primarily focused on the donation of organs and tissues after death, organ donor registration can be considered in tandem with a Living Will’s directions for what should happen to one’s body posthumously.

• Funeral Pre-Planning Documents:

  These documents allow individuals to express their preferences for their funeral arrangements, akin to how a Living Will outlines healthcare wishes. Both types of planning provide peace of mind and reduce the burden on families during difficult times.

• Guardianship Designation:

  Similar to parts of a Living Will and a Healthcare POA, a Guardianship Designation appoints someone to make personal, healthcare, and sometimes financial decisions for minor children or adults unable to make their own decisions.

• Trust Documents:

  While Trusts are primarily used for estate planning, determining how assets are managed and distributed, they can complement a Living Will by handling financial affairs in a manner that aligns with the individual’s overall life and post-life plans.

Filling out a Living Will form is a significant step in planning for future healthcare decisions. It's essential to approach this task with care and attention to detail, ensuring your wishes are clearly articulated and legally sound. Here are some do's and don'ts to consider:

• Do take the time to thoroughly understand the form. This document will dictate how you are cared for if you cannot make decisions for yourself, so it's crucial to comprehend all its parts.
• Do consult with a healthcare professional if you have questions about medical terms or treatments mentioned in the form. Their expertise can help you make informed decisions about your care preferences.
• Do discuss your wishes with close family members or friends. This conversation can ensure that those close to you understand your preferences and can advocate for them if necessary.
• Do consider including a durable power of attorney for healthcare within your living will. This allows you to appoint someone to make healthcare decisions on your behalf if you're unable to do so.
• Do review and update your living will periodically. As life circumstances and medical preferences change, so too should your living will.

• Don't rush through the process. Filling out a living will requires careful consideration of many sensitive issues, including end-of-life care and preferences for medical treatment.
• Don't leave sections of the form blank unless you are sure they do not apply to you. Incomplete information could lead to confusion or misinterpretation of your wishes.
• Don't forget to have the document witnessed or notarized if required by your state laws. This step is crucial for making the document legally binding.
• Don't keep your living will hidden. Make sure a copy is easily accessible to your family and your healthcare provider to ensure your wishes are followed.

Living wills are crucial documents that address how one wishes their medical care to be handled if they become unable to make decisions for themselves. However, misconceptions about living wills can lead to confusion and prevent individuals from making informed decisions about their health care. Here are seven common misconceptions about living wills:

• Living wills are only for the elderly. A common misunderstanding is that living wills are only necessary for older adults. In truth, any adult can face situations where they're unable to make health care decisions due to accidents or sudden illness. Creating a living will is a proactive step for anyone over the age of 18.

• A living will is the same as a last will and testament. Unlike a last will and testament, which outlines how to distribute one's assets after death, a living will specifies preferences for medical treatment if one is incapacitated. These are two distinct documents serving different purposes.

• Living wills result in denial of basic care. Some believe that a living will could lead to being denied necessary treatments, such as pain management or comfort care. In reality, living wills are designed to reflect an individual’s wishes, including the desire for all measures to alleviate pain and suffering, even if no life-sustaining treatments are desired.

• Once created, a living will cannot be changed. People often think that once a living will is made, it is permanent. However, as long as the individual is mentally competent, they have the right to update or revoke their living will at any time to reflect their current wishes.

• Living wills cover all aspects of health care. While living wills address a range of critical decisions, such as the use of life support and artificial hydration, they do not cover every possible medical scenario. Discussing preferences with a healthcare proxy and detailing specific wishes in the document can provide clearer guidance.

• A living will is enough to ensure one’s medical wishes are followed. Simply having a living will might not be sufficient. It is also important to appoint a healthcare proxy or power of attorney for health care who can make decisions when conditions not specifically mentioned in the living will arise. This designated person can advocate for the patient's wishes and values.

• You need a lawyer to create a valid living will. While legal advice can be beneficial, especially in complex situations, it is not a requirement for creating a valid living will. Many resources are available to help individuals draft their living wills, including state-specific forms that ensure the document adheres to local laws.

A Living Will form is a powerful document that allows individuals to express their wishes regarding medical treatment in circumstances where they can no longer make decisions for themselves. It's an essential part of planning for the future, and its significance can't be overstated. Here are seven key takeaways about filling out and using a Living Will form:

• Understand your choices: Before filling out a Living Will, it's crucial to fully understand the types of life-sustaining treatments that can be offered and under what conditions you might or might not want these treatments. This may include decisions about artificial life support, tube feeding, and pain management.
• State laws vary: Each state has its own laws regarding Living Wills, including how they should be written, signed, and witnessed. It's important to review your state's specific requirements to ensure your Living Will is valid and enforceable.
• Be specific: Clarity is key when articulating your healthcare preferences in a Living Will. The more specific you are, the easier it will be for your healthcare providers and loved ones to follow your wishes.
• Choose a reliable healthcare proxy: In addition to a Living Will, you should designate a healthcare proxy or agent who can make decisions on your behalf if you're unable to communicate. This person should understand your values and be willing to advocate for your healthcare preferences.
• Discuss your wishes: It's not enough to simply fill out and sign a Living Will. Discuss your wishes with your family, close friends, and healthcare providers to ensure everyone is aware of your preferences and understands your decisions.
• Review and update: As circumstances change, you may wish to revise your Living Will. Major life events such as marriage, divorce, the birth of a child, or a significant change in health can impact your decisions.
• Secure and accessible: Keep your Living Will in a secure yet accessible place. Make sure that your healthcare proxy, family, and doctor have copies or know where to find it when it's needed. In an emergency, easy access to your Living Will is crucial to ensure your wishes are respected.

Filling out a Living Will is a thoughtful process that requires consideration, consultation, and sometimes difficult decisions. However, it provides peace of mind, knowing that your healthcare choices will be honored, and it alleviates the burden on your loved ones during challenging times.