Who can make a living will?

Generally, anyone who is at least 18 years old and of sound mind can create a living will. "Sound mind" usually means you have the ability to understand what the advance directives document is and what it contains.

When does my living will go into effect?

Your living will is effective upon signing, but your agent typically cannot act on your behalf until a licensed physician determines that you are unable to communicate your wishes.

How will my doctor decide that I can't make decisions for myself?

Doctors usually determine you've lost your decision-making ability if you can't understand your treatment choices or communicate your wishes in any way.

Does my living will include a do-not-resuscitate order (DNR)?

No. A living will does not include a DNR. A do-not-resuscitate order is a separate document prepared in consultation with and signed by your doctor. You can't create a DNR without a doctor's consent, and we don't provide them.

Once I sign my advance healthcare directive, do I need to do anything else?

Yes. You should have a discussion with all interested parties to make sure they understand the wishes outlined in your health care directive. Consider sharing copies of your living will with: Your doctor and/or hospital Your health care proxy/health care agent Your immediate family You may also need to update your advance health care directive if your health or family status changes or you want to name a new health care agent.

What are the key components of a living will?

The key components of a living will may vary depending on your personal beliefs and the state law. But generally, the template for living wills includes: Medical treatment. Specify what type of life-sustaining treatment you do or don't want to receive, such as life support, feeding tubes, and resuscitation.End-of-life care. Provide instructions for end-of-life care, which include your wishes for pain medication or hospice care.Healthcare proxy. Name your health care proxy, or health care agent, who will make medical decisions on your behalf when you are unable to do so.Organ donation. Specify which organs can be donated and for what purpose.Religious or spiritual guidelines. Provide instructions for how you want your religious or spiritual beliefs to be respected and integrated into your medical care.

What is advance care planning?

Advance care planning is the process of preparing for future decisions related to your medical care if you become seriously ill or unable to communicate your wishes. This process can include completing legal documents, such as living wills, and having meaningful and candid conversations with your doctor and family members.

What are advance directives?

An advance health care directive is a legal document that’s part of an estate plan. It typically includes two parts: a health care power of attorney—also called a medical power of attorney—where you appoint someone to act on your behalf when you can't, and a living will where you outline your wishes for end-of-life care. An advance health care directive is often described synonymously with a durable power of attorney for health care and living will.

What is a durable power of attorney for health care?

It’s a legal document that’s part of an estate plan and that typically includes two parts: a health care power of attorney—also called a medical power of attorney—where you appoint someone to act on your behalf when you can’t, and a living will where you outline your wishes for end-of-life care. A durable power of attorney for health care is often described synonymously with an advance health care directive and a living will.

What is a health care proxy or health care agent?

A health care proxy or health care agent is someone legally appointed to make health care decisions on your behalf. They are legally bound to act in your best interests. You typically name your health care proxy in a living will. Your health care proxy is usually a family member or close friend. Some of the medical decisions your health care proxy can make on your behalf are: Which medical treatments you receive Where you receive your medical care Which doctors and medical professionals oversee your medical care Who takes care of your daily needs

What is hospice care?

Hospice care specifically refers to the comfort care given at the end of life or after attempts to cure the patient's illness have been stopped. It is related to palliative care, but the main difference is that it can be provided to patients that aren't at the end of life—as is the case for hospice patients. Hospice care can be provided in the patient's home or in a facility such as a nursing home, hospital, or hospice center.

What is life-sustaining treatment?

Life-sustaining treatment is any medical care meant to prolong life without the possibility of reversing the underlying medical condition. "Life support" is often used as a blanket term for life-sustaining treatment.

Do I need a notary public?

Probably. Many states require your document to be notarized, but you should check with your state's laws for the proper way to sign your living will. It may involve a notary, witnesses, or both.

What are some scenarios I should think through before creating my living will?

Use the following scenarios as a starting point and talk to your lawyer and doctor before finalizing your living will or any other advance directives. Breathing assistance. Mechanical ventilation is used when you are unable to breath for yourself. A ventilator helps you breathe and can sustain you for long periods of time. In your living will, you can specify if you want to be put on a ventilator and for how long.Supplemental feeding. Feeding tubes provide the body with essential nutrients when you're unable to feed yourself. In you living will, you can specify if you want supplemental feeding.Pain medications. Decide if there are any circumstances in which you do not want pain medication, including strong medications such as morphine.Hospice/palliative care. Also known as comfort care, this is meant to reduce pain and focus on comfort while your medical treatment continues. If you decide to prioritize comfort over treatment, you may wish to receive pain medication while foregoing aggressive treatments and invasive tests.Bodily donations. In a living will, you can declare whether you'd like to donate your organs, bodily tissues, or entire body. You can also indicate whether you want your body to be donated for scientific research purposes.Posthumous decisions. Choose what happens to you after you die so your caretakers and family members don't have to decide. While a living will mainly deals with medical treatment while you're still alive, it can also address what happens after you die. Your living will may grant consent for:An autopsy to determine the cause of death A cremation, burial, or another manner of handling your remains

What is palliative care?

Palliative care, also known as comfort care, is specialized medical care that focuses on the quality of life for the patient and their family. That means the patient is given special medical treatment meant to reduce pain and focus on comfort while their prescribed medical treatment continues. Unlike hospice care, the patient need not be at the end of life to receive these services.

A declarant is the person that creates and signs the living will. Depending on the state, they may also be referred to as the principal.

A principal is the person that creates and signs the living will. Depending on the state, they may also be referred to as the declarant.

What is Attorney Assist?

Attorney Assist is our legal guidance subscription service, which gives you unlimited 30-minute calls on new legal matters to vetted attorneys in our network. It is included in some of our living will plans.

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What is a living will?

Living wills are written, legal instructions that outline your medical care preferences if you’re unable to communicate or make decisions for yourself. A living will guides the choices of medical professionals and caregivers if you’re in a coma or during end-of-life care. You can also appoint someone to make health care decisions on your behalf.

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Why do I need a living will?

Living wills aren’t just for older adults. Unexpected end-of-life situations can happen at any age. It's important all adults participate in advance care planning to give loved ones peace of mind and ensure your wishes are understood.

Speak when you can't

Choose the medical treatment you want to receive even if you can’t speak up with a living will.

Provide peace of mind

Ease unnecessary stress for your family members and loved ones, and help avoid disputes over your medical treatment.

Appoint representative

Select someone you trust as your healthcare power of attorney, helping ensure medical professionals respect your wishes.

Save on medical costs

Save money on costly health care treatments you don't want and haven’t agreed to in advance.

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What do I write in a living will?

As you write your living will, consider:

What end of life medical treatments you would and wouldn't want
Who you want to make medical decisions on your behalf if you’re unable
Your preferences around comfort care, bodily donations, and posthumous decisions

Benefits of a living will

A living will gives you the power to choose the medical treatment you do and don't want even if you can't talk to your doctors or caregivers. Take part in advance care planning and create advance care directives that work for you.

Ensure you receive the health care you want even if you become unconscious or incapacitated

Appoint someone you trust to carry out your wishes, improving your peace of mind

Reduce confusion or disagreement about decisions made on your behalf at the end of life

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Living wills vs. last wills

Living will and last will might sound similar, but these estate planing documents have very different uses. While a living will is a kind of advance directive that outlines your health care preferences if you’re unable to communicate, a last will and testament deals more directly with death, including what happens to your assets.

Living will

Explains what medical treatments you would and wouldn’t want if you were unable to communicate
Typically allows you to appoint a power of attorney to communicate your wishes
Details your preferences around posthumous decisions, including bodily donation

Last will

Puts a plan in place for distributing your assets and property after your death
Outlines your final wishes, including funeral arrangements
Lets you choose a trusted guardian for your minor children if both parents die

Should I use a living will form to create my living will?

Our living will forms were created by attorneys and have been accepted in all 50 states.

For additional guidance, you may want help from an attorney experienced in this area of the law. Our network attorneys can ensure your living will:

Meets all state requirements
Matches your personal preferences
Holds up to legal and medical scrutiny

While a living will form can be a helpful template for a living will, it doesn’t provide much personalization and may require additional customization, legal advice, and a notary public to complete.

When should I create my living will?

Now. As long as you’re over 18, there is no reason to wait. You never know when life-changing events could occur.

Make sure you’ve communicated your medical wishes, including for end of life care, so family members don't have to make those difficult decisions for you.

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Convey your medical wishes with a living will

Why use LegalZoom to create your living will?

Easy & convenient

Attorney-supported

Accepted in all 50 states

Priced according to your needs

BasicLiving Will

$39

ComprehensiveLiving Will

$49

Estate PlanBundle

$249 Save $100+

How to create your living will with LegalZoom in 3 easy steps

Answer some quick questions

We'll create your living will

Review with help—or on your own

What is a living will?

Why do I need a living will?

Speak when you can't

Provide peace of mind

Appoint representative

Save on medical costs

What do I write in a living will?

Benefits of a living will

Living wills vs. last wills

Living will

Last will

Should I use a living will form to create my living will?

When should I create my living will?

Frequently asked questions

Ready to start your living will?

What our customers are saying

Questions?

Ask an attorney

Call an agent at (866) 679-1568

Basic
Living Will

Comprehensive
Living Will

Estate Plan
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Save $100+