The Facts About Advance Directives

Advance directives are documents that detail your wishes for your care if you're incapacitated or terminally ill and need someone to make medical decisions for you.

Find out more about Living Wills

Trustpilot star rating bar
the facts about advance directives

Contents

Updated on: January 31, 2025
Read time: 3 min

An advance directive is usually synonymous with a living will. It specifies what type of medical care you want if you're unable to communicate with your doctor at or near the end of your life.

In many states, advance directives may also include both a living will and a healthcare power of attorney (POA). In some states, your attorney can combine a living will and a healthcare POA in one document.

What is the purpose of a living will?

An image of an aged couple's hands ensuring that their advance directives are all in place.

A living will is an advance directive that allows you to make informed decisions about medical treatments you may want or don't want should you become terminally ill or permanently incapacitated.

The time to make a living will is when you're healthy or before you have surgery. It's best to make a living will when you're young, as unforeseen events can happen. You don't want your family fighting or having to guess what you'd want if you become incapacitated.

Living wills are important because they're usually detailed and explain what you want in most circumstances.

When does a living will take effect?

A living will takes effect when one doctor—or sometimes two, depending on your state or what's in your living will—determines that you're:

  • Either permanently incapacitated or terminally ill
  • That you cannot communicate in any way, including by gestures
  • That your condition qualifies as permanent incapacitation or terminal illness under your state's law

For a living will to take effect, the treating physician must certify in writing that you are in such condition. At that point, the living will determines your treatment or care.

Start your living will

What can a living will include?

A living will can include which treatments you want should you become permanently incapacitated or which treatments you don't want. Some of these requests include permitting or not permitting:

  • Resuscitation or do-not-resuscitate (DNR) orders
  • Feeding tubes
  • Use of oxygen by intubation or by other means, and dialysis
  • Assisted feeding and hydration
  • Pain medication
  • Organ donation
  • What type of funeral you want, such as burial or cremation
  • Who you want, and don't want, making decisions for you
  • Blood transfusions and any surgery
  • Active intervention for purposes of changing your incapacitation
  • Whether you want to remain in the hospital or go home
  • Medication

Ensure your living will is clear so that it communicates exactly what you want and what you don't want. Clarity will help avoid any confusion.

What is the purpose of a healthcare power of attorney?

A healthcare POA is a type of advance directive, but it's broader in scope than a living will. If you give someone, called your agent, a healthcare POA, you're allowing them to make medical decisions when you're unable to do so.

These medical decisions are not end-of-life decisions, unlike the situations applicable to living wills. Instead, such decisions involve medical care when you're temporarily incapacitated or temporarily unable to communicate.

You can have a successor healthcare agent if you so desire. This is beneficial if, for some reason, your primary agent cannot perform their healthcare POA duties.

Likewise, you can have one agent act as both healthcare POA and as the agent appointed under your living will. That agent must follow the instructions spelled out in each document.

Why you should have both types of advance directives?

To fully protect yourself, it's important to have both a living will and a healthcare POA. Both advance directives are crucial to have a comprehensive medical plan in place. These documents also are essential estate planning tools.

Both a living will and a healthcare POA protect you during your lifetime if, for example, you're unable to communicate because you're incapacitated or are under anesthesia or if you're near the end of your life.

While no one wants to dwell on these situations, it's a good idea to have these documents in place so you'll never have to worry about healthcare scenarios that are beyond your control.

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

70 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
70 days ago
Trustpilot star rating bar

I find that LegalZoom has all the…

I find that LegalZoom has all the answers if you're starting a business an LLC and incorporation or you're doing a trust or a Will. These are the people you want to trust don't go to an expensive attorney you're just throwing your money away. Legal soon gets five stars!

Sean Christopher
70 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
79 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
82 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
85 days ago
Trustpilot star rating bar

pleasant and willing representatives…

pleasant and willing representatives ready to help me navigate through your system and supply attorney contact information for my legal questions for my last will & testament

Mark Impink
85 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
85 days ago
Trustpilot star rating bar

Sarah was most helpful today regarding updating my estate plan

Sarah was most helpful today regarding updating my LZ docs created 3 years ago. She made sure I had all the information I needed, not just what I asked for. Thank you Sarah!

Diane Floyd
91 days ago
Trustpilot star rating bar

Quick and easy experience creating a…

Quick and easy experience creating a will package.

Kristin Steel
96 days ago
Trustpilot star rating bar

Used them past 10 years

Used them past 10 years. I needed another will and power of attorney.

MERLYN C
96 days ago
Trustpilot star rating bar

Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
104 days ago
Trustpilot star rating bar

Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
106 days ago
Trustpilot star rating bar

It was a breeze to deal with Legalzoom…

It was a breeze to deal with Legalzoom and finished my estate plan within an hour!! Thanks again

BT
110 days ago
Trustpilot star rating bar

Great team…

Mark and Legal Zoom make estate planning affordable and attainable.

Christopher Maginnis
142 days ago
Trustpilot star rating bar

Living Will & Forming my LLC

I have used Lega Zoom for several items, including my living will and items to form my LLC for my business. It's fast, easy, and thorough. The customer service is fantastic! I am working with David on a few items for my will,l and he has been a delight. He follows up when he says he will and is incredibly helpful. I highly recommend this company.

Kristen J
154 days ago
Trustpilot star rating bar

Nadia made it very easy for me to make…

Nadia made it very easy for me to make a decision to sign up and create my estate planning documents with legalsoom. She was very professional and knowledgeable about the package that I chose. She also offered her direct contact for any future questions I might have.

Melita D'Anna
163 days ago
Trustpilot star rating bar

Kylie helped me to review my history of…

Kylie helped me to review my history of trying to complete my estate plan and contacting a legal advisor that comes with my account. She was patient, knowledgable, and helpful.

Paula
167 days ago
Trustpilot star rating bar

I have worked with Mark Champ on… Last Will & Testament, Living Will, Quit Claim Deed

I have worked with Mark Champ on several documents I needed and every time he has provided me with every thing I needed and with so much graciousness and knowledge. It has always been such a pleasure working with Mark!!!!!!!!!!!!!

Cathy Donaldson
202 days ago
Trustpilot star rating bar

Most Dedicated Representative!

Patti Green was the most informative person in guiding me through the process of completing my estate plan . She was always there for me to answer my questions and give excellent advice . Also , she was very polite and considerate ! Legal Zoom is so fortunate to have Patti on their team . Thank you , Patti for all of your assistance and kindness !

Priscilla Page
280 days ago
Trustpilot star rating bar

Patti Green is GREAT!

Ms. Patti Green walked me through the Estate Planning process. She was very professional, patient and kind. Planning for when you are no longer here is very intricate and difficult. Working with Ms. Green helped give the assurance that I am doing the right thing for myself and loved ones.

TRINESSA
Rated4.6out of 5 based on23,922+ reviewson

Showing our favorite reviews