What is a living will and what should it include?
By CRYSTAL BAI •
The short answer: A living will is a legal document that records your medical treatment preferences for situations where you cannot speak for yourself — typically end-of-life scenarios involving terminal illness, permanent unconsciousness, or advanced dementia. It tells doctors and family members what you do and do not want, removing the burden of impossible decisions from the people who love you.
Living will vs. healthcare proxy: you need both
| Living Will | Healthcare Proxy |
|---|---|
| Records your specific treatment preferences | Names a person to make decisions |
| Applies to anticipated scenarios | Applies to any situation where you cannot decide |
| Documents are followed literally | Person uses judgment for unanticipated situations |
The living will handles situations you anticipated. The healthcare proxy handles everything else. Together they form a complete advance care plan.
What to include in a living will
Resuscitation preferences
- Do you want CPR attempted if your heart stops?
- Do you want electric shock (defibrillation) used?
Mechanical ventilation
- Do you want to be placed on a breathing machine if you cannot breathe independently?
- If so, for how long? Only if there is a chance of recovery?
Artificial nutrition and hydration
- Do you want a feeding tube if you cannot eat or swallow?
- Under what circumstances, and for how long?
Dialysis
- Do you want kidney dialysis if your kidneys fail?
Comfort and pain management
- Do you want all available comfort measures including pain medication, even if it may hasten death?
Palliative sedation
- Do you want sedation to relieve intractable pain even if it reduces your level of consciousness?
Organ and tissue donation
- Do you want to donate organs, tissue, or your body to science?
How to make a living will legally valid
Requirements vary by state. Most states require:
- You must be 18 or older and mentally competent at signing
- Signature in the presence of two adult witnesses
- Witnesses cannot be your healthcare proxy, your heirs, or your treating physician
- Some states require notarization
Free state-specific living will forms are available from CaringInfo.org (National Hospice and Palliative Care Organization).