Despite what the name suggests, a living will has nothing to do with distributing your assets — that's handled by your last will and testament. A living will is a type of advance directive: a document that records your healthcare preferences in advance, so medical providers know what treatments you want (and don't want) if you can't communicate your own wishes.
What Does a Living Will Cover?
A living will typically addresses what should happen in situations where you are unable to communicate due to incapacitation — for example, if you're unconscious after an accident, in the late stages of dementia, or in a persistent vegetative state.
Common decisions addressed in a living will include:
- CPR: Whether you want cardiopulmonary resuscitation attempted if your heart stops
- Mechanical ventilation: Whether to use a breathing machine if you can't breathe on your own
- Artificial nutrition and hydration: Whether to use feeding tubes or IV fluids if you can't eat or drink
- Dialysis: Whether to use kidney dialysis if your kidneys fail
- Antibiotics: Whether to treat life-threatening infections aggressively
- Comfort care: Preferences around pain management and palliative care
- Organ donation: Your wishes regarding donating organs or tissue
Our guide to life-sustaining medical treatments explains each of these options in plain language.
Living Will vs. Healthcare Proxy: What's the Difference?
These two documents serve complementary but distinct purposes:
- A living will tells providers what to do in specific scenarios you've anticipated.
- A healthcare proxy designates a person to make medical decisions on your behalf — including in situations your living will doesn't address.
Ideally, you have both. A living will provides explicit guidance; a healthcare proxy provides a trusted person to fill in the gaps.
When Does a Living Will Take Effect?
A living will typically takes effect when:
- A physician certifies that you lack the capacity to make your own medical decisions, AND
- You have a qualifying medical condition (terminal illness, persistent vegetative state, or end-stage condition, depending on your state)
It does not take effect simply because you're hospitalized or temporarily unconscious — the bar is generally higher than that.
How to Create a Living Will
- Reflect on your values. What does quality of life mean to you? Under what circumstances would you want treatment to extend your life? Under what circumstances would you prioritize comfort over intervention?
- Get your state's form. Requirements vary by state. Your state's Department of Health typically provides a free, state-specific form. The "Five Wishes" document is accepted in most states and is written in plain language.
- Complete the form. Be as specific as possible. Vague language ("no extraordinary measures") can be interpreted differently by different providers.
- Sign with proper witnesses. Most states require two witnesses — generally adults who are not your healthcare agent, not relatives, and not heirs. Some states also require notarization. See our guide to advance directive state laws.
- Distribute copies. Give copies to your doctor, your hospital, and your healthcare proxy. Keep one at home where it can be found quickly.
For a full overview of all advance directive types, see our complete guide to advance directives.