Do I Need a Living Will?

A living will is an important document every adult should complete with thoughtfulness and care. Doing so protects not only you but your family as well.

Find out more about Living Wills

Trustpilot star rating bar
do i need a living will

Contents

Updated on: January 28, 2025
Read time: 3 min

A living will can be an important part of planning for the future. Understanding exactly what a living will is and what protections it offers can help you make informed decisions.

What is a living will?

An image shows a male nurse and a patient having a conversation about the need for a living will.

A living will is different from your last will and testament, which distributes your property after you die. A living will determines how decisions will be made about your medical care during your lifetime, at times when you are able to speak for yourself.

Living wills are used in situations where you are incapacitated, mentally incompetent, or unable to communicate. A living will is sometimes also called an advance directive, advance healthcare directive, health care directive, or advance medical directive.

Provisions of a living will

The living will definition is a document that specifies your wishes about medical care. This can include withholding of lifesaving treatments, use of pain medication, withholding of nutrition and hydration, and removal of life support.

A living will may also contain a provision naming a person to make medical decisions on your behalf if you are unable to (this is sometimes a separate document called a health care power of attorney or a health care proxy).

Living wills sometimes contain directives about the patient’s goals when it comes to quality of life as well as directions about personal hygiene, modesty, and spiritual or religious instructions.

Start your living will

Do I need a living will?

While it can be hard to think about the decisions and situations involved, a living will is a document that every adult can benefit from. People who are living with a terminal illness or are about to have surgery have an urgent need to complete a living will.

If you do not have a living will and you become incapacitated and unable to make your own decisions, your physicians will turn to your closest family members (spouse, then children) for decisions. This can place a heavy burden on family members and can also cause rifts within the family if there is disagreement.

Your family may not know your wishes or feel unsure about what to do. Living wills are particularly important because in many states your family will not have full authority to make all decisions for you without it. In some cases, a court order will be required to end life support, which can be expensive and heart-wrenching. In some situations, the physician can decide which family member’s viewpoint is the one to follow.

How to create a living will

Each state has a living will form or specifics about what a living will should include. When making a living will be sure to understand your state’s requirements so that your living will is enforceable. To create a living will, you should complete the form with all of your wishes.

The more specific you can be, the better. If you choose someone to make decisions on your behalf, be sure to talk over your wishes in advance so this person understands what you would want.

Sign the living will in the presence of witnesses and make sure you give a copy to your primary care physician and keep a copy in a safe place at home. You can revise your living will at any time by completing a new document. Be sure to replace all old versions and destroy them.

Find out more about Living WillsStart your living will now
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

You may also like

17 days ago
Trustpilot star rating bar

User-Friendly Will & Estate Plan Process

The process to create a personal Will & Estate Plan, including a power of attorney and advanced medical directive was very user friendly and fast. The signing directions and explanatory documentation was also very helpful. The cost was reasonable and the on-line assistance chat feature allowed for quick resolution of a special request.

COH
46 days ago
Trustpilot star rating bar

First pass at Estate Plan, prior to receiving Documents

Preparation of documents for an estate plan was quick and easy. Meeting with the attorney went well. He had reviewed my very straight forward documents and found no problems.

Donald Heft
77 days ago
Trustpilot star rating bar

LegalZoom.com…a company you can trust

It’s just a great company to deal with. I am so glad I chose them to help me with my living will/estate plan!

Joseph Austin
94 days ago
Trustpilot star rating bar

Legal Zoom is very easy estate planning.

This was very easy to do, and Beth was very patient and so helpful with the process. I appreciate the time she took to make sure I had everything covered. It is very reassuring to know I have my final wishes on paper.

Glennis Hogan
107 days ago
Trustpilot star rating bar

legal zoom is the way to go

The representative was very knowledgeable about how long it takes to transfer a deed from one person to the next he explained everything and he was very pleasant when speaking to him

Ross
107 days ago
Trustpilot star rating bar

I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
116 days ago
Trustpilot star rating bar

We could not be more Pleased with the…

We could not be more Pleased with the help and service we had during the up dating of our Living Will and Advanced Directive

Richard Poulton
119 days ago
Trustpilot star rating bar

Legal Assistance for the rest of us

Legal Zoom has made it easy and affordable for us to create an LLC, a Will, and a Trust for our families.

K Chapman
122 days ago
Trustpilot star rating bar

LegalZoom .com has exceptional, real, staff to help. I met one!

I purchased multiple accounts to update both our Living Wills and Estate Plans. After utilizing LegalZoom.com’s user-friendly and intuitive platform for these legal documents, I found it necessary to call for clarification on some information within our account. I spoke with Sandra Balderas, who expertly addressed the mistakes I had inadvertently made. Her professionalism and friendliness greatly enhanced the experience. I realized that LegalZoom is not only a straightforward website to navigate for such complex matters, but it also boasts exceptional employees. Thank you, LegalZoom.com, and especially Sandra Balderas, for guiding me through the process. I’m thrilled to have discovered LegalZoom.com.

Max -Phoenix, Arizona
Rated4.6out of 5 based on25,043+ reviewson

Showing our favorite reviews