Living Will
A legal document that specifies a person's wishes for medical care and end-of-life treatment if they become incapacitated and cannot communicate.
What is Living Will?
A living will (also called an advance directive or healthcare directive) is a legal document in which a person documents their preferences regarding medical treatment and end-of-life care in the event they become incapacitated and unable to communicate their wishes. Common directives include instructions about life-sustaining treatment (ventilators, feeding tubes), cardiopulmonary resuscitation (CPR), organ donation, and pain management. A living will is distinct from a healthcare proxy or durable power of attorney for healthcare, which names a specific person (the healthcare agent) to make medical decisions on the incapacitated person's behalf — the two documents are often executed together. Living wills are governed by state law and must typically be witnessed and notarized to be legally valid. They are an essential component of comprehensive estate planning that ensures medical decisions reflect the individual's values rather than being left entirely to family members or healthcare providers.
Example
A 45-year-old creates a living will stating that if she is in a permanent vegetative state with no reasonable chance of recovery, she does not wish to be kept alive by artificial life support or feeding tubes. She also designates her spouse as her healthcare proxy to make decisions for any situation not explicitly covered in the document. Both documents are filed with her physician, kept at home, and copies given to her spouse and children.