What Is A Living Will, And When Do You Need One? (2026)

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Sarah Edwards

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Reviewed By Adam Ramirez, J.D.

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Summary

  • A living will outlines your preferences for medical care
  • If you can’t communicate, it may be used to guide medical decisions
  • You should also consider a durable power of attorney for healthcare

When most people think of a will, they imagine a document that specifies how assets will be divided. A living will is different. Instead of outlining your preferences for asset distribution, it specifies what medical treatments you consent to if you become incapacitated.

So what is a living will exactly, and how does it work? Here’s a closer look.

Understanding a Living Will and How It Works

You might choose to create your living will for a number of reasons. If you have a life-threatening medical situation and can’t communicate your wishes for treatment, this document can help your medical providers understand what care you do and do not want to receive.

If you have a trusted person to make healthcare decisions for you, a living will can guide their choices as well.

Why Having This Document Matters

A living will preserves your autonomy even when you can’t advocate for yourself. It can also reduce family conflict. When your loved ones know your wishes for treatment, they’ll be less likely to clash over difficult decisions.

Medical Decisions You Can Address

When it comes to medical decisions, what is a living will used for specifically? Most include at least the following:

  • Whether you consent to CPR
  • Whether you want to be put on a ventilator if you can’t breathe on your own
  • Whether you consent to tube feeding
  • Instructions for pain management when you’re close to death

It’s often a good idea to consult your doctor when you create your living will. Your doctor can help point out common situations and answer questions during the decision-making process.

Importantly, your living will doesn’t name a trusted person to make healthcare decisions for you. A durable power of attorney for healthcare does. When you create a durable power of attorney, you authorize someone, called an “agent,” to make healthcare decisions for you.

In some states, living wills and healthcare powers of attorney have different names. For example, some states use an advance directive, which is a document that both outlines your preferences for care and appoints a proxy to make healthcare decisions if you’re unable to.

Steps to Create and Update Your Document

Usually, creating a living will involves these steps:

  • Reflecting on your medical preferences
  • Naming an agent or proxy
  • Filling out state-specific forms
  • Signing and notarizing those forms

You should then distribute copies to your doctor’s office, hospital and healthcare agent or proxy.

A Clear Living Will Makes a Difference

If you fall into a coma or are otherwise unable to communicate care preferences, your living will can be a lifeline for your loved ones. It also gives you the peace of mind that comes with knowing your wishes will be respected.

ConsumerShield can help you create your living will and any other estate planning documents you may need. Take a look at our library of legal document templates and guides today.

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