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Do I Need a Living Will?

Federal & State Law Editorial TeamLast reviewed: 2025-11-08

A living will, also known as an advance directive, is a legal document that specifies your wishes regarding medical treatment in situations where you are unable to communicate your decisions.

What a living will covers:

  • Life-sustaining treatment — Whether you want mechanical ventilation, dialysis, or other life support if you are terminally ill or permanently unconscious.
  • Resuscitation (DNR) — Whether you want CPR and other resuscitation efforts.
  • Artificial nutrition and hydration — Whether you want tube feeding or IV fluids.
  • Pain management — Your preferences for pain medication, including comfort care.
  • Organ donation — Whether you wish to donate organs.
  • Why you need one:

  • Ensures your medical wishes are followed.
  • Relieves family members of the burden of making difficult decisions.
  • Prevents family disputes about your care.
  • Reduces the risk of unwanted medical interventions.
  • Requirements. Most states require the document to be signed and witnessed (typically two witnesses) or notarized. Some states have specific statutory forms.

    Living will vs. healthcare power of attorney:

  • A living will states your specific wishes.
  • A healthcare POA appoints someone to make decisions for you.
  • Having both provides the most comprehensive protection.
  • POLST/MOLST. A Physician Orders for Life-Sustaining Treatment is a medical order (not just a directive) that translates your wishes into actionable orders for emergency medical personnel.

    Accessibility. Give copies to your healthcare agent, doctor, hospital, and family members. Some states have registries.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You want to create a comprehensive advance directive
    • You have complex medical conditions that require detailed instructions
    • Family members disagree about your medical wishes
    Related Statutes & Laws
    • Patient Self-Determination Act
    • State advance directive statutes

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.