What Is a Living Will? A General Guide to Advance Directives
Learn how living wills and other advance directives fit into health-care planning, with links to current public planning resources.
A living will is commonly used to record preferences about future health-care decisions. It is one form of an advance directive, but the terminology, form requirements, witnesses, and legal effect vary by state.
How advance directives fit together
Health-care planning can involve more than one document or conversation. A living will may describe preferences about treatment in certain circumstances, while a health-care power of attorney or proxy appointment may name someone to communicate with providers. The documents available and the terms used depend on state law.
Planning is more than a form
The American Bar Association’s health-care decision-making resources emphasize that written documents work best when the person’s values and preferences are discussed with likely decision-makers and health-care providers. A form alone may not answer every future question.
Use state-specific materials
Before completing or changing an advance directive, verify the current requirements in the relevant state. State resources can identify whether a particular form, witness, notarization, or filing practice applies. A local attorney or qualified health-care-planning professional can explain the effect of a document in a particular jurisdiction.
Questions to consider
- Who should understand your health-care preferences?
- Does your state provide a statutory form or registry?
- Do your existing documents still reflect your preferences and current relationships?
- Have you shared copies with the appropriate people and providers?
General information only: This article provides general legal information, not advice for a particular situation. Laws, procedures, available remedies, and deadlines can differ by jurisdiction and facts.