What Is A Living Will?

The word “will” can seem loaded when mentioned in casual conversation. It might seem morbid to talk about or even unnecessary for the average person to think about. However, there are some misconceptions about the different types of wills and why they are important at any age.

The most common type of will is the “last will and testament.” In this document, a person identifies who should receive their possessions and money after their death.

Another type of will, the living will (also known as an advanced directive), is discussed less often but just as important. A living will is a document that allows people to express their desires about medical treatment in the event that they are unable to communicate and make decisions themselves.

Who needs a living will?

Many people may think: “Why wouldn’t I be able to make my own decisions? Don’t I only need a living will if I am sick?” However, everyone over age 18, even those who are perfectly healthy, should have a living will or advanced directive in case of emergencies.

Many people do not think about or discuss what they would want if they were medically incapacitated. But, if presented with a scenario, they might have a gut reaction. Talking through these scenarios with loved ones is important so everyone is on the same page about your wishes.

What does a living will include?

A sample living will or advanced directive from the American Academy of Family Physicians includes straightforward questions to help you determine your values and preferences when it comes to your health.

It also asks you to choose someone to make decisions on your behalf if you cannot make those decisions yourself. It also asks your wishes about life-sustaining treatments (like CPR and resuscitation), artificial nutrition or hydration (like having a feeding tube), and comfort care (like pain management).

Do I need a lawyer to have a living will?

Each state has its own requirements regarding living wills. In general, a lawyer is not always required but they can always provide the paperwork. Forms are also available at local hospitals or some state medical associations.

After filling out the form, it should be signed by you and also by witnesses. In some cases, it might need to be notarized. This is a simple process to authenticate a document that can be done at a bank, law office, or notary.

Have the discussion

However, if you are unable to have the document notarized or find a living will form, the most important thing is to talk about your wishes with your loved ones. This helps ensure they can make decisions that align with your values.

Having those conversations with those close to you, as well as your doctor, can ensure that even without any document, your wishes will be respected. Taking the time to think to yourself about what you would want is the first step!