Do I need a living will?

What is a living will?

A living will is a legal document that protects your end-of-life medical wishes if, in the event that you are too sick to make those decisions yourself. The document only goes into effect if you can’t make these decisions and you have an incurable condition where you are unable decide whether or not you want to use life-sustaining equipment — such as artificial nutrition, medication, and hydration — to keep you alive. You can decide to include as much or as little information as you want with respect to your end-of-life medical care. (A living will is not the same as a do-not-resuscitate (DNR) order, for if you go into cardiac arrest. You can have both, but they are two separate documents.)

Do I need a living will?

Yes, we all need a living will regardless of our health, age, or whether we have told loved ones about our end-of-life medical wishes. We all hope for the best in our lives, but sometimes life has other plans. Having a living will is the best way to ensure that you get the medical care you want at the end of your life and to keep your loved ones from having to make hard medical decisions on your behalf.

What happens if I don’t have a living will?

If you don’t have a living will, state law will control who makes your medical decisions (this person is called a “surrogate”), including whether or not you receive life-sustaining treatment. State law assigns surrogates based on an order of preference that starts with your spouse or domestic partner (unless you are legally separated), goes through several other legal relationships (like legal marriage and blood relationships), and then eventually, if others are unavailable or decline, can reach a close friend. Healthcare providers will go down the line, which means that a parent cannot make decisions for their adult child if the adult child is married. If no one on the surrogate list is available, the physician can make any type of health care decision without going to court.

What do I need to get started?

Spend some time thinking about what end-of-life treatments are important to you, including:

• Think about whether there are situations in which you might not want to prolong your life — for example, if you are in an ongoing vegetative state.
• Think about whether you would feel differently if there was a slim chance of recovery. Then put together a list of the decisions you made. Your list might include whether you want to receive hydration, nutrition, and medication that will keep you alive if you are terminally ill, suffering from an irreversible condition, or unconscious.
• You might want to consider whether or not you want artificial life support. You might also want to consider whether you want to receive pain medication.
• Your living will can also include whether or not you want to donate your organs and tissues to others after your death.
  

Resource

For more information on how to create a living will and other advance directives, check our guide below:

• Advance Directives: A Guide to Creating Wills, Living Wills, Healthcare Proxy, Power of Attorney & Standby Guardianship
  (English, Español (Spanish), 简化字 (Simplfied Chinese)

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* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.