Revoking or Canceling a Living Will

Revoking or Canceling a Living Will

If you execute a living will and then change your mind and want to create a new living will, there are two things you can do. First, you can revoke the previous living will. A living will can be canceled or revoked at any time. You can cancel your living will by indicating, in writing, that it has been cancelled. Destroying your original living will may cancel the will, but revoking the will in writing is more formal.

Second, you can execute a new living will that expresses your current desires. This has the effect of canceling your previous living will. The revocation is effective when you (or someone else who witnessed your revocation) communicate it to your attending physician or healthcare provider.

  • Introduction to Living Wills
    Modern life support systems can keep an individual's body alive for years, even if that person has no brain activity or is in constant pain. As competent adults, we have a constitutional right to make decisions about whether or not we want life support to continue when death is imminent or when a...
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  • Definition of a Living Will
    A living will is a document that outlines specific medical instructions to be applied if you are alive but are unable to communicate your wishes for yourself. Unlike last wills, they have nothing to do with property division after your death. Rather, they state that you do (or do not) want...
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  • Healthcare Power of Attorney
    A healthcare agent is a person whom you are trusting to make medical decisions on your behalf if you can't make them for yourself. Choosing your agent is an important decision, and you should think carefully about who you want to assume this responsibility. This person may one day be deciding...
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  • Revoking or Canceling a Living Will
    A living will can be canceled or revoked at any time. The revocation is effective when you (or someone else who witnessed your revocation) communicate it to your attending physician or healthcare provider. You can also cancel your living will by destroying it or by indicating, in writing, that it...
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  • Witnesses to a Living Will
    Because of the gravity of the decisions associated with a living will and the potential severity of the results, a living will must be witnessed by individuals who can swear that the document reflects the maker's wishes. These witnesses must be independent, and can't have an interest in receiving...
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  • Pregnancy and Living Wills
    Most state laws will not let you (or someone acting on your behalf) refuse life-extending medical procedures if you are pregnant. In such cases, your living will can be disregarded, unless there is no chance the fetus will survive.    
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