Living Will Template (Free)

A living will is a legal document that outlines your healthcare preferences if you become unable to communicate your wishes due to illness or injury. This advance directive tells doctors, family, and medical staff what life-sustaining treatments you want or do not want in specific situations.

Creating a living will ensures your medical care aligns with your values when you cannot speak for yourself. Without this document, family members may face difficult decisions without knowing your preferences, potentially leading to unwanted treatments or family disagreements.

What a Living Will Covers

A comprehensive living will addresses several key medical situations and treatments. The document typically covers life-sustaining procedures when you have a terminal condition or are in a persistent vegetative state.

Most living wills include preferences about:

• Mechanical ventilation (breathing machines)
• Cardiopulmonary resuscitation (CPR)
• Artificial nutrition and hydration (feeding tubes)
• Dialysis
• Antibiotics for life-threatening infections
• Pain medication and comfort care

The document should specify whether you want these treatments continued, withheld, or withdrawn in different scenarios. You can also include instructions about organ donation and your preferences for where you receive care.

Basic Living Will Template

Here is a simple template that covers the essential elements of a living will. This template provides a starting point, but you should customize it based on your specific wishes and state requirements.

Living Will Declaration Template

Declaration: I, [Your Full Name], being of sound mind, willfully and voluntarily make this declaration to be followed if I become incompetent. This declaration reflects my firm and settled commitment to refuse life-sustaining treatment under the circumstances indicated below.

Terminal Condition: If I have an incurable or irreversible condition that will result in my death within a relatively short time, and I am unable to make decisions regarding my medical treatment, I direct my attending physician to:

• □ Withhold or withdraw life-sustaining treatment that would only prolong my dying
• □ Continue life-sustaining treatment

Persistent Vegetative State: If I am in a persistent vegetative state with no reasonable expectation of recovery, I direct my attending physician to:

• □ Withhold or withdraw life-sustaining treatment
• □ Continue life-sustaining treatment

Specific Instructions:

CPR: □ Provide □ Do not provide

Mechanical ventilation: □ Provide □ Do not provide

Artificial nutrition/hydration: □ Provide □ Do not provide

Dialysis: □ Provide □ Do not provide

Antibiotics: □ Provide □ Do not provide

Comfort Care: I direct that I be given medical treatment necessary to provide comfort and alleviate pain, even if such treatment might shorten my life.

Additional Instructions: [Space for specific wishes, religious considerations, or other preferences]

Signature and Date:

Signed: _________________________ Date: _____________

Witness 1: _______________________ Date: _____________

Witness 2: _______________________ Date: _____________

State-Specific Requirements

Living will requirements vary by state, though most follow similar basic principles. Some states have specific forms or language requirements, while others accept any clear written directive.

Most states require two adult witnesses who are not related to you, not entitled to inherit from your estate, and not involved in your medical care. Some states allow notarization instead of witnesses.

Source: National Institute on Aging

A few states have unique requirements. For example, California requires specific language about artificial nutrition and hydration, while Texas has detailed provisions about pregnancy.

Check your state’s vital records office or attorney general website for the official living will form. Many states provide free templates that meet all legal requirements.

How to Complete Your Living Will

Start by thinking through your values and beliefs about medical care. Consider speaking with family members, your doctor, or a spiritual advisor about your preferences.

Be specific about your wishes rather than using vague language. Instead of writing “no extraordinary measures,” specify which treatments you want or do not want in different situations.

Discussion Points to Consider

• What does quality of life mean to you?
• How do your religious or spiritual beliefs influence your medical care preferences?
• What are your feelings about being kept alive by machines?
• Do you want to donate organs or tissues?
• Where would you prefer to receive end-of-life care?

Write your living will in clear, simple language that medical professionals and family members can easily understand. Avoid medical jargon unless you define the terms.

Witnessing and Notarization

Most states require either two witnesses or notarization to make your living will legally valid. Witnesses must be adults who can verify your identity and mental capacity when signing.

Witnesses typically cannot be:

• Related to you by blood or marriage
• Entitled to inherit from your estate
• Your doctor or other healthcare provider
• An employee of your healthcare facility

Some states allow notarization instead of witnesses. A notary public can verify your identity and witness your signature, which may be more convenient than finding two qualified witnesses.

Check your state’s requirements before signing. An improperly witnessed document may not be legally enforceable when you need it most.

Storing and Sharing Your Living Will

Once completed, give copies of your living will to key people and organizations. Your healthcare proxy or power of attorney agent should have the original or a copy.

Provide copies to:

• Your primary doctor and specialists
• Family members or close friends
• Your attorney
• Your hospital or healthcare system
• Your healthcare proxy

Keep the original in an accessible location, not a safety deposit box. Many people store it with other important documents in a home file or safe.

Consider registering your living will with your state’s advance directive registry if available. Some states maintain databases that healthcare providers can access during emergencies.

Updating Your Living Will

Review your living will every few years or after major life changes. Marriage, divorce, serious illness, or changes in your beliefs may affect your medical care preferences.

To update your living will, create a new document rather than making handwritten changes. Date the new version and clearly revoke any previous living wills.

Distribute new copies to everyone who had the previous version. This prevents confusion about which document reflects your current wishes.

Living Will vs Healthcare Power of Attorney

A living will and healthcare power of attorney serve different purposes, though both are important advance directives. A living will provides specific instructions about medical treatments, while a healthcare power of attorney names someone to make medical decisions for you.

Consider creating both documents. Your healthcare proxy can make decisions about situations not covered in your living will, while the living will provides clear guidance about your most important preferences.

Together, these documents ensure someone you trust can make informed decisions based on your known wishes if you become incapacitated.

Common Mistakes to Avoid

Many people make their living will too vague or general. Phrases like “no heroic measures” or “let me die naturally” can be interpreted different ways by different people.

Be specific about which treatments you want in which circumstances. Address different scenarios rather than making blanket statements about all medical care.

Another common mistake is not discussing your living will with family members. Even with a clear document, family members may struggle with decisions if you have not talked about your wishes beforehand.

Do not wait until a health crisis to create your living will. Complete the document while you are healthy and can think clearly about your preferences.

When Your Living Will Takes Effect

A living will only takes effect when you cannot communicate your medical preferences due to illness or injury. As long as you can make and communicate decisions, doctors will ask for your consent regardless of what your living will says.

Two doctors typically must certify that you are unable to make healthcare decisions before your living will becomes active. The document remains in effect until you regain the ability to make medical decisions or until you die.

You can always change or revoke your living will as long as you are mentally competent. Simply creating a new dated document that revokes the previous one is sufficient in most cases.

Understanding what to do when someone dies can help family members navigate medical decisions and end-of-life planning more effectively.

FAQ: Living Will Template

Do I need a lawyer to create a living will?

No, you do not need a lawyer to create a valid living will. Most states accept any clearly written advance directive that meets basic requirements like proper witnessing or notarization. However, consulting an attorney can be helpful if you have complex family situations or specific concerns about your state’s laws.

How much does it cost to make a living will?

Creating a living will costs nothing if you use your state’s free template and have it witnessed or notarized. Notarization typically costs $5-15. Online legal services charge $20-100 for advance directive packages, while attorneys may charge $150-500 depending on complexity and location.

Can I change my living will after I sign it?

Yes, you can change your living will at any time while you are mentally competent. Create a new document that clearly revokes the previous version, then distribute copies to everyone who had the old living will. Make sure to date the new document and follow your state’s witnessing or notarization requirements.

What happens if I do not have a living will?

Without a living will, family members and doctors must guess about your medical care preferences. This can lead to unwanted treatments, family disagreements, and decisions that do not align with your values. In some cases, courts may need to appoint a guardian to make medical decisions, which can be time-consuming and expensive.

Is a living will the same as a DNR order?

No, a living will and DNR (Do Not Resuscitate) order are different documents. A living will provides general guidance about various medical treatments in different situations. A DNR order is a specific medical order that tells healthcare providers not to perform CPR if your heart stops or you stop breathing. You may need both documents depending on your wishes.

This information is for educational purposes only and does not constitute legal, medical, or financial advice. Always consult qualified professionals for guidance specific to your situation.