Free Living Will Agreement Forms [PDF Download]

What is a Living Will (Health Care Directive)?

A living will, also called a health care directive, is a legal document that outlines an individual's medical care and treatment preferences when they cannot decide for themselves. This document is primarily used when a person is in a critical health condition, such as being terminally ill, seriously injured, or in a coma—generally, near the end of life.

In such situations, as each person has different wishes regarding the treatment method they would like to receive, the living will ensures that doctors and loved ones respect these wishes.

This document takes effect when doctors determine that the person cannot communicate their treatment decision. On the other hand, before a person enters a vegetative state and is unable to express their wishes, they can change their living will, especially when new circumstances justify such a change.

Besides the fact that the living will form ensures that an individual's wishes will be followed, it also aids their family members, relieving them of making such stressful decisions on their behalf.

Living Will vs. Medical Power of Attorney

Now that we understand the meaning of the living will, let's compare it with a document that people often confuse—a medical or healthcare power of attorney. A medical power of attorney is a legal document in which one person (the principal) authorizes another (the agent or attorney-in-fact) to make medical care decisions on their behalf.

From this definition, we can see one fundamental difference between a living will and a medical POA, which lies in the absence of an agent in a living will.

With a medical power of attorney, the principal grants power to an agent to make medical decisions on their behalf. In contrast, with a living will, the individual directly communicates their critical medical preferences to the doctor responsible for their care, who will then carry out their directives.

Living Will vs. Advance Directive

Even more confusion can arise when discussing a living will and a healthcare advance directive. The primary reason is that a living will is a type of advance directive. So, how can you distinguish these two documents?

The first difference lies in their scope. Advance directives are broad legal documents that include various instructions, not just for end-of-life care. They might assign a healthcare proxy or specify treatment preferences for different medical situations. On the other hand, living wills are used solely for end-of-life treatment preferences.

The second difference is in the complexity of these documents. While a living will is “just” a living will, an advance directive consists of a durable power of attorney for health care, a living will, and DNR (does not resuscitate) orders, making it more comprehensive than a living will.

The third difference is in the number of documents you can use simultaneously. You can have only one living will, which you can either revoke or change, but there can be only one at a time. In contrast, you can have multiple advance directives simultaneously, each covering different aspects of your medical care.

Living Will Forms by State

How to Make a Living Will

Here are the steps for making a living will that will clearly outline your healthcare preferences and be legally effective:

#1. Decide on Your Treatment Preferences

When creating a living will, carefully consider the various health scenarios you might encounter and specify the medical treatments you would want in each situation. 

These could include conditions such as terminal illness or being in a vegetative state, as well as decisions regarding treatments like artificial respiration, chemotherapy, surgery, or other medical interventions. Additionally, you can decide about non-medical preferences like what happens after death, such as organ donation or funeral arrangements.

It's important to align these decisions with your desired quality of life and discuss them with your family to ensure they understand your medical wishes.

#2. Obtain a Living Will Form 

Once you have decided on your treatment preferences, obtain a living will form that aligns with your needs. You can utilize our Contract.net living will template to procure the necessary document.

This template will guide you in filling out the required information accurately, ensuring that your healthcare preferences are clearly and comprehensively documented. This step is crucial for providing clarity and completeness in guiding your medical decisions.

#3. Fill Out the Form

Next, complete the living will form thoroughly. Start by providing your personal information, including your full name, address, and the last four digits of your social security number.

Then, focus on the crucial section of the form where you clearly outline your medical preferences for various health conditions. Be specific about treatments you wish to receive or refuse, such as CRP, artificial ventilation, or surgical procedures.

Additionally, include any special instructions regarding beliefs, organ donation wishes, or funeral arrangements. 

#4. Sign & Notarize Your Living Will Form

After completing the form with your preferences and details, sign it to finalize your decisions. 

Depending on the laws in your state, you may need to have your signature witnessed or notarized to ensure the document's legal validity. Verifying your state's specific requirements is crucial to ensuring compliance and validity.

The following section will provide a detailed list of living will signing requirements by state, which will help you understand the specific rules and procedures applicable to your location.

Living Will Signing Requirements by State

Living will signing requirements typically include having witnesses or a notary present to validate the document, with specific criteria varying by state. 

What Happens if You Don’t Have a Living Will? 

If you don't have a living will, healthcare providers, doctors, or loved ones will make medical decisions without clear guidance on your preferences. If they are unaware of your intentions, there is a risk they may choose treatments that contradict your wishes and values.

Therefore, don't view this document negatively because it addresses end-of-life decisions, which are inherently related to old age and mortality. A living will ensures decisions about your end-of-life care align with your beliefs and preferences. 

Furthermore, a living will prevents potential conflict among family members and medical staff by ensuring your treatment choices are respected.

Living Will FAQ