What Is a Living Will? Do I Need One?
Written by Law on Call Staff | Reviewed by Nathan Askins | Last Updated August 14, 2025
Many of us avoid thinking about medical emergencies until one actually happens to us. But without clear instructions, your loved ones may be left making decisions about your care without knowing what you would have wanted.
A living will removes the guesswork and helps avoid conflicts during already stressful times. In this guide, we’ll explain what a living will is and what it isn’t, why you should consider creating one, and how to create one that clearly and legally reflects your wishes.
Living Will Definition
A living will is a legal document that spells out what kind of medical care you’d want in an emergency where you can’t make decisions for yourself.
Unlike a last will and testament, which deals with your estate after death, a living will is all about your care while you’re still alive.
If something unexpected happens, a living will means your loved ones and caretakers won’t have to wonder whether they made the right choice for you. It gives you a voice in the room, even if you can’t physically be part of the conversation.
What Does a Living Will Include?
A living will can be as simple or detailed as you want, depending on how much guidance you’d like to give. The more specific you are, the easier it is for your loved ones to confidently follow your wishes.
A living will can cover things like:
- Whether you want life support (like ventilators or feeding tubes)
- If you would want CPR or a Do Not Resuscitate (DNR) order
- How you’d like pain and comfort care handled
- Your organ donation preferences
- Who should make medical decisions for you (your medical or healthcare power of attorney)
- Your wishes about any other potential treatments or procedures
What a Living Will Isn’t
A living will is often confused with other similar legal documents, but its main purpose is to lay out your medical wishes in situations where you can’t speak for yourself. Here’s how a living will is different from a last will and testament, a living trust, a medical power of attorney, and an advance directive.
Living Will vs. Last Will and Testament
A last will and testament is focused on what happens after you pass away. This includes things like who’s in charge of your estate, how the estate is handled, who gets your belongings, and who will take care of your kids. It doesn’t have anything to do with your medical care while you’re still alive.
Living Will vs. Living Trust
A living trust helps manage your assets during your lifetime and after your death. This document is more about how your money and property are held and distributed while alive than it is about your medical decisions.
Living Will vs. Medical Power of Attorney
Naming someone as your medical power of attorney means they can make healthcare decisions for you if you can’t. A living will helps guide them by clearly outlining your wishes. Both are made official when you create an advance directive (see below).
Living Will vs. Advance Directive
A living will and a medical power of attorney are both part of a larger legal document called an advance directive. It lets you spell out your medical wishes and name someone to make decisions for you if you’re unable to.
Don’t leave anything up to chance.
How to Write a Living Will
Creating your living will can be as simple or complicated as you want. Start by thinking through the types of medical treatments you would want (and not want) if you were seriously ill or injured. Once you make those decisions, you’ll need to put them in writing using a living will form that meets your state’s legal requirements.
Each state has its own rules, so it’s smart to check whether your form needs to be notarized, witnessed, or both. Some states offer their own templates, while others allow you to write your own as long as it includes the right information.
5 basic steps to create a living will
- Decide what kind of medical care you would want in serious situations.
- Check your state’s requirements and fill out the appropriate living will form.
- If required, sign your living will in front of a notary or witness and have them sign it as well. Make sure to follow your state’s rules on who can sign in these capacities.
- Share copies of your living will with your doctor, family, and others involved in your care.
- Review your living will and update it if any information or your wishes change.
Do I Need a Living Will?
It’s a good idea to have a living will in place regardless of your age and health. Medical emergencies don’t just happen to the elderly or chronically ill. They can happen to anyone, at any age, and often without warning. And when one occurs, the last thing loved ones need is to be unsure of what kind of care to pursue.
A living will gives you a way to speak for yourself when you can’t, so the care you get reflects your values, not someone else’s. If you have strong feelings about life support, resuscitation, or comfort and palliative care, this is how you make sure those wishes are respected.
Main Takeaways
- A living will gives you more control over your medical decisions, providing your loved ones with direction should you become incapacitated.
- Anyone adult can benefit from having a living will (they aren’t just for older adults or people dealing with chronic illness).
- Each state has its own rules and requirements, but most living wills are easy to create, update, and share.