7 min read
Living will
A living will is a written document that states what medical care you would want, or not want, if you become too ill to speak for yourself. It is one type of advance directive, and it is often paired with a medical power of attorney, which names a person to make decisions for you. Here is what a living will is, how it differs from a medical power of attorney, and how advance directives work in the US and Canada. This is general information, not legal advice, and the rules vary by state and province.
What a living will is
A living will is a written statement of your wishes about medical treatment for a time when you can no longer communicate them yourself, for example if you are unconscious or seriously ill. Despite the name, it has nothing to do with money or property, unlike a last will and testament. It speaks only to health care. Its purpose is to make sure your care reflects your own choices and to spare your family from guessing what you would have wanted at a hard moment.
A living will is a form of advance directive, which is the broader term for documents that set out your health care wishes in advance. In some places the document itself is called an advance directive, a personal directive, or a health care directive rather than a living will, but the idea is the same.
What a living will covers
A living will typically addresses the kinds of treatment you would or would not want if you were near the end of life or permanently unable to recover. Common topics include the following.
- Life support, such as a ventilator that breathes for you.
- Resuscitation, whether you want CPR if your heart stops.
- Artificial nutrition and hydration, being fed or given fluids through tubes.
- Dialysis and other treatments that take over a failing organ's work.
- Pain relief and comfort care, which most people want continued even when other treatment is stopped.
- Specific instructions about situations that matter to you, such as a terminal illness or a permanent loss of awareness.
You decide how detailed to be. Some people give broad guidance about their values, while others list specific treatments they accept or refuse.
Living will versus medical power of attorney
These two documents work together but do different jobs, and it helps to understand the split.
- A living will states your wishes directly. It is your own instructions about treatment, written in advance.
- A medical power of attorney, also called a health care proxy or a health care power of attorney, names a person, your agent, to make medical decisions for you when you cannot. It does not say what the decisions should be; it says who makes them.
The two complement each other. A living will guides your agent and your doctors about what you want, while the medical power of attorney gives a trusted person the authority to apply that guidance to situations your living will did not anticipate. Many people put both in place so their wishes are recorded and someone they trust is empowered to speak for them. Together they are often called advance directives.
Why have a living will
Without a living will, decisions about your care may fall to family members who are unsure what you would have chosen, sometimes in an emergency and sometimes with disagreement among them. A living will gives clear direction, reduces conflict, and keeps the decisions aligned with your own values. It also relieves loved ones of the weight of guessing, which many people find is one of the kindest reasons to prepare one.
How to create a living will
- Think through your wishes. Consider what treatments you would want, what you would refuse, and in what situations. Reflect on your values around quality of life and end-of-life care.
- Talk to your family and doctor. Sharing your thinking helps them support your choices and answer medical questions.
- Use the right form for your area. Many states and provinces have an official or recommended advance directive form. Using the local form helps the document be recognized.
- Write your instructions clearly. State the treatments and situations you have decided on, in plain language.
- Sign it as required. Most places require your signature plus witnesses, and sometimes a notary. The exact rules vary, so follow them for your state or province.
- Share copies. Give copies to your medical power of attorney agent, your doctor, and close family, and keep one where it can be found.
US and Canada: how the terms and rules differ
The concept of an advance directive exists across both countries, but the names and rules differ. In the US, living wills and health care powers of attorney are governed by each state, and many states have their own advance directive forms and their own witness or notary requirements. In Canada, these documents go by different names depending on the province, such as personal directive, advance care directive, representation agreement, or power of attorney for personal care, and each province sets its own form and rules for naming a substitute decision maker. Because of these differences, use the document and form for the place where you live, and follow its signing requirements so it is valid.
Keeping your living will current
Your wishes and your circumstances can change, so a living will is not a set-and-forget document. Review it after major life events, such as a new diagnosis, a change in your family, or a move to another state or province, since a document from one place may not fully match another's rules. If you update it, replace the old copies so no one relies on outdated instructions, and let your agent and doctor know about the change.
Common misconceptions about living wills
Several myths keep people from preparing a living will, and they are worth correcting.
- It is only for the elderly. A sudden illness or accident can happen at any age, and a living will speaks for you in exactly those unexpected moments. Many people prepare one as young adults.
- It means refusing all care. A living will is about your choices, not a blanket refusal. Most people who have one still want comfort care and pain relief, and they may accept many treatments while declining others.
- It takes effect immediately. A living will only guides care when you can no longer make or communicate decisions yourself. While you are able to speak for yourself, your own current wishes always come first.
- A family member can simply decide, so I do not need one. Without a document, relatives may disagree or be unsure, and the decision can fall to people who do not know your wishes. A living will removes that burden and the guesswork.
What happens if you do not have one
If you become unable to communicate and have no living will and no named health care agent, decisions about your care usually fall to your closest relatives, following the order set by the law where you live. That can work, but it puts a heavy and stressful choice on people who may not know what you would have wanted, and it can lead to conflict when family members disagree. In some cases, where there is no clear decision maker, a court may have to appoint one, which is slow and public. Preparing a living will, and ideally naming a medical power of attorney agent as well, keeps these decisions in your own hands and spares your family a difficult guess at the worst possible time.
Fill out and sign a living will online
Once you have the right form for your area, you can complete and sign it without printing everything by hand. Open your advance directive or living will as a PDF and fill it in on screen with our fill a PDF tool, typing your instructions and details into the right fields. Add your signature, and space for witnesses, with the sign a PDF tool, which lets you draw, type, or upload a signature. Because the document is processed in your browser, your medical wishes stay on your own device rather than being uploaded.
A living will often goes alongside a medical power of attorney and a last will and testament, and you can find related documents in the form templates library. To keep your advance directives together and update them when your wishes change, create a free account and save your documents in one place.
Before you finalize it
- Your instructions are clear and reflect your real wishes.
- You have used the correct form for your state or province.
- It is signed and witnessed, and notarized if your area requires it.
- You have also considered naming a medical power of attorney agent.
- Copies are with your agent, your doctor, and close family, and one is easy to find.
A living will is a thoughtful gift to yourself and to the people who care about you. It records your wishes while you can express them and gives everyone clear direction if the time ever comes. Pair it with a medical power of attorney, keep it current, and it will speak for you when you cannot.
Frequently asked questions
What is a living will?
A living will is a written statement of your wishes about medical treatment for a time when you can no longer speak for yourself, such as if you are unconscious or seriously ill. It covers health care only, not money or property, and is a type of advance directive.
How is a living will different from a medical power of attorney?
A living will states your treatment wishes directly. A medical power of attorney names a person to make health care decisions for you when you cannot. One records what you want; the other names who decides. Many people put both in place so their wishes are recorded and a trusted person is empowered to act.
What does a living will cover?
It typically addresses treatments like life support, resuscitation, artificial nutrition and hydration, dialysis, and comfort care, and the situations in which you would accept or refuse them, such as a terminal illness or permanent loss of awareness. You choose how detailed to be.
Do I need witnesses or a notary for a living will?
Usually yes. Most places require your signature plus witnesses, and some require a notary. The exact requirements vary by state and province, so use the correct form for where you live and follow its signing rules so the document is valid.
Is a living will called something else in Canada?
Often, yes. Depending on the province, an advance directive may be called a personal directive, an advance care directive, a representation agreement, or a power of attorney for personal care. The concept is the same, but the name, the form, and the rules differ by province.
Can I fill out and sign a living will online?
Yes. You can open the correct advance directive form for your area as a PDF, type in your instructions with a fill tool, and add your signature and witness spaces with a signing tool. The file stays on your device, which keeps your medical wishes private.