A living will is a legal document that outlines your medical care preferences if you become unable to communicate. It's one of the most important documents you can create, yet many people put it off because the topic feels uncomfortable.
In reality, creating a living will isn't about giving up hope. It's about making sure your loved ones and doctors understand your wishes during a difficult time. Without one, family members may face impossible decisions without knowing what you would have wanted.
Fortunately, making a living will is straightforward. You don't necessarily need a lawyer, and most states offer free templates. This guide walks you through the process step by step, including where to find your state's official forms and who needs copies of your completed document.
Key takeaways
A living will documents your end-of-life medical wishes and only takes effect when you can't communicate your own decisions.
Each state has different requirements for witnesses and notarization, so use your state's official form to ensure your document is valid.
Keep copies with your healthcare proxy, primary care doctor, and close family members so your wishes are accessible when needed.
What is a living will?
A living will is a type of advance directive that spells out which medical treatments you do or don't want if you're terminally ill, permanently unconscious, or unable to make decisions for yourself.
It's important to understand what a living will is not. It's not the same as a last will and testament, which is an essential part of estate planning that deals with your property and assets after death. A living will only addresses medical care while you're still alive.
A living will also differs from a healthcare power of attorney (sometimes called a healthcare proxy). A healthcare power of attorney names someone to make medical decisions on your behalf. A living will tells that person—and your doctors—what decisions you want them to make. Many people complete both documents together.
What decisions does a living will cover?
A living will addresses specific medical treatments and situations. Being clear about your preferences helps prevent confusion during emotional moments.
Life-sustaining treatments
These are medical interventions that keep you alive when your body can no longer function on its own. They include:
Mechanical ventilation: A machine that breathes for you
Artificial nutrition and hydration: Feeding tubes that provide food and water
CPR (cardiopulmonary resuscitation): Efforts to restart your heart if it stops
Dialysis: A machine that filters your blood when your kidneys fail
Antibiotics for life-threatening infections: Medications to treat severe infections
For each treatment, you can specify whether you want it always, never, or only under certain conditions.
Palliative and comfort care preferences
Palliative care focuses on relieving pain and symptoms rather than curing illness. Your living will can address:
Pain medication preferences, even if they might shorten your life
Where you want to receive care (hospital, hospice, or home)
Preferences for sedation if you're in distress
Organ donation wishes
You can include your organ donation preferences in your living will or address them separately through your state's donor registry. If organ donation is important to you, make sure your family knows.
What a living will doesn't cover
A living will only applies to end-of-life situations when you can't speak for yourself. It doesn't cover:
Day-to-day medical decisions while you're conscious
Financial or legal matters
Routine treatments for non-life-threatening conditions
Who inherits your property (that's your last will and testament)
When does a living will take effect?
A living will only becomes active under specific circumstances. Typically, one or two doctors must certify that you meet one or more of the following criteria:
Have a terminal illness with no reasonable chance of recovery
Are permanently unconscious
Cannot make or communicate your own medical decisions
Until those conditions are met, you remain in control of your own healthcare decisions. You can also revoke or change your living will at any time while you're mentally competent.
How to create a living will: Step-by-step guide
Creating a living will takes about an hour once you've thought through your preferences. Here's how to do it.
Step 1: Understand your state's requirements
Each state has its own rules for living wills. Living will requirements typically vary for the following:
Specific language or forms you must use
Number of witnesses needed (usually two)
Whether notarization is required
Who can and cannot serve as a witness
Some states won't accept living wills from other states, so use your current state's form.
Step 2: Consider your values and medical wishes
Before filling out any paperwork, reflect on questions like:
Under what circumstances would you want life-sustaining treatment?
When would you want treatment stopped?
How do you weigh quality of life against length of life?
Do religious or spiritual beliefs influence your decisions?
There are no right or wrong answers. Your living will should reflect your values.
Step 3: Discuss with family and your healthcare proxy
Talk openly with your healthcare proxy (if you've named one) and close family members. Make sure they understand your wishes and feel comfortable honoring them. These conversations can be difficult, but they prevent confusion and conflict later.
Step 4: Download your state's living will form
You can find free, official forms from several sources:
Your state's department of health website
CaringInfo from the National Hospice and Palliative Care Organization
Your state's area agency on aging
Your doctor's office or local hospital
Avoid generic templates that may not meet your state's legal requirements. When in doubt, you can always consult a local attorney.
Step 5: Complete the form
Fill out the form clearly and specifically. Vague language like "no heroic measures" can lead to confusion because people interpret it differently. Instead, address each treatment option individually.
Step 6: Sign in front of witnesses and/or a notary
Most states require two adult witnesses who watch you sign. Witnesses typically cannot be:
Your healthcare proxy
Your doctor or healthcare providers
Anyone who would inherit from you
Some states require notarization instead of or in addition to witnesses. Check your state's requirements carefully.
Step 7: Distribute copies
Give copies to everyone who might need them, including:
Your healthcare proxy
Your primary care doctor
Any specialists you see regularly
Close family members or friends
Your attorney (if you have one)
If you're admitted to a hospital, bring a copy or have someone provide one.
Step 8: Store the original safely
Keep the original with your other important documents. Make sure your healthcare proxy knows exactly where to find it. Some people also keep a card in their wallet indicating they have a living will and where it's located.
Step 9: Review and update regularly
Revisit your living will every few years or after major life changes like:
A new diagnosis or health condition
Marriage, divorce, or death of your healthcare proxy
Moving to a new state
Changes in your values or preferences
To update your living will, create a new document following your state's requirements. Destroy old copies to avoid confusion.
Bottom line
Creating a living will gives you control over your medical care and lifts a heavy burden from your loved ones. The process is simpler than most people expect—you can complete it in an afternoon using free forms from your state.
Start by downloading the right form for your state. Then, have honest conversations with your family and make sure the people who matter have copies. While you’ll hopefully never need it, having it on hand can provide immense peace of mind knowing that you’ll have it if it ever is needed.
Frequently asked questions
What is the difference between a living will and a healthcare power of attorney?
A living will documents your specific medical treatment preferences. A healthcare power of attorney names a specific person(s) to make medical decisions for you. Many people complete both documents together since they serve different purposes.
Do I need a lawyer to make a living will?
No. You can create a valid living will using your state's free forms or templates. However, consulting an attorney may be helpful if you have complex medical situations or family dynamics.
Where can I get a free living will form for my state?
You can check your state's department of health website.
CaringInfo, a program of the National Hospice and Palliative Care Organization, also offers free advance directive forms for every state.
How many witnesses do I need for a living will?
Many states require two adult witnesses, but requirements vary. Some states require notarization instead of or in addition to witnesses. Always check your state's specific rules.
Sources
Backus Hospital. (n.d.). Advance directives & living wills. Retrieved from https://backushospital.org/patients-visitors/patients/advance-directives-living-wills
FindLaw. (2025, Jun 11). How do I choose witnesses for my will? Retrieved from https://www.findlaw.com/forms/resources/estate-planning/last-will-and-testament/how-do-i-choose-witnesses-for-my-will.html
Hartford HealthCare. (2024, Oct 24). Advance directives. Retrieved from https://hartfordhealthcare.org/health-wellness/health-resources/health-library/detail?id=aa54776&lang=en-us
LegalZoom. (2025, Jan 28). What is the difference between a living will and a last will and testament? Retrieved from https://www.legalzoom.com/articles/what-is-the-difference-between-a-living-will-and-a-last-will-and-testament
Mayo Clinic. (n.d.). Living wills and advance directives for medical decisions. Retrieved from https://www.mayoclinic.org/healthy-lifestyle/consumer-health/in-depth/living-wills/art-20046303
Medicare Interactive. (2025, Mar 28). Living wills. Retrieved from https://www.medicareinteractive.org/understanding-medicare/planning-for-medicare-securing-care/preparing-for-future-health-care-needs/living-wills
