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What is a living will and how do I write one?

This legal document lays out your demands for medical treatment, and if and when doctors should stop performing procedures.

Updated Dec 18, 2020

Fact checked

You’ve probably heard of “signing a DNR” — and that’s just one of the instructions you might leave in a living will. Designed to express your wishes for end-of-life medical care, this document can be as detailed as needed, and you can update it as your circumstances change.

What is a living will?

A living will is a legal document that specifies the kind of healthcare you want andwon’t don’t want to receive if you become incapacitated. Also called an “advance directive,” it guides doctors and family members about which course of treatment to take if you’re unable to express your wishes yourself.

How do living wills work?

A living will only comes into play when you’re suffering from a life-threatening illness, injury or coma and can’t communicate your wishes. In these cases, your healthcare team will consult the living will to determine whether or not you want life-sustaining treatment, such as life support or tube feeding.

If your life isn’t at risk, your living will won’t apply. Your doctors will proceed with treatment using their best judgment.

What does a living will include?

The document contains instructions for your medical care and goes through procedures you might undergo in a life-threatening situation. The most well-known advance directive is a “do not resuscitate” (DNR) order, but there are more.

You can indicate whether or not you approve of your doctors:

Putting you on a machine to help you breathe, like mechanical respiration
Employing CPR or a defibrillator to restart your heart
Intubating
Tube feeding
Giving you life-saving medications or blood transfusions

Administering dialysis
Running diagnostic tests
Performing surgery
Starting palliative care, which might involve prescribing pain medications
Recommending electroconvulsive treatments

You can also include instructions for:

Donating your organs — and which ones you’d like to donate
Receiving nutrition or fluids when you can no longer eat or drink
An autopsy

Donating your body to science or a medical school
Your preference to die at home or in a hospital

Every condition in your living will is up to you. For example, you might not consent to any “extraordinary measures” if you suffer from a condition that severely impacts your quality of life. But you can request to be given pain medications so you’re comfortable.

You can also state that you want to stop treatment if there’s no sign of brain activity, or continue treatment up until the point where it’s clear that you won’t recover.

Is a living will the same thing as a healthcare proxy?

No. A healthcare proxy is someone you nominate to make medical decisions for you when you’re unable to do so yourself. In some states, this person is known as a “healthcare power of attorney.”

The proxy speaks to your doctors on your behalf, and has the final word on treatment — which can help to reduce confusion and settle any disagreement among family members.

You can list your healthcare proxy in your living will, but they are two separate things. Before you appoint a proxy, make sure they understand your wishes and are willing to follow through with them.

How to write a living will

Some states allow you to write a customized living will, while others offer a standardized form. You can hire a lawyer to prepare a living will for you, or simply download a living will form online.

Once you’ve written your living will, you’ll need to get it signed by a notary and two witnesses. There are some rules regarding witness eligibility. For example, some states ban the use of family members as witnesses, while others require you to have your document signed by adults over 18.

Can I update a living will?

Yes. It’s a living document, so you can make changes to it at any time — like when you have kids or learn of a new diagnosis. You can also update it while you’re in the hospital. You can also revoke your living will at any time.

What’s the difference between a will and a living will?

Both are legally binding documents that express your wishes, but they apply in different situations.

A will explains what you want to happen to your property, assets and minor children if you die. It clarifies how you want to allocate your assets, and prevents your state from stepping in. Without a will, the distribution of assets can be messy — especially if you have a large estate.

A living will addresses your end-of-life medical care, and if you consent to receive extraordinary measures to stay alive.

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Name	Issue age	Minimum Coverage	Maximum Coverage	Term Lengths	Medical Exam Required
Sproutt	18 - 60 years old	$50,000	$4,000,000	5, 10, 15, 20, 25 and 30 years	No	Compare 40+ insurers and apply online to get the lowest possible price — no medical exam required.	Go to site More Info	Compare	loading Fetching your data...
Policygenius - Life Insurance	18 - 85 years old	$50,000	$10,000,000	10, 15, 20, 25, 30 years	Depends on provider and policy	Compare 12+ top insurers side-by-side to get the best possible deal, and shop return of premium policies online.	Go to site More Info	Compare	loading Fetching your data...
Bestow	18 - 60 years old	$50,000	$1,500,000	10, 15, 20, 25, 30 years	No	Get a quote in less than 10 minutes with on-the-spot approval and no medical exam.	Go to site More Info	Compare	loading Fetching your data...
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Ladder	20 - 60 years old	$100,000	$8,000,000	10, 15, 20, 25 or 30 years	No, for coverage up to $3M	Apply for term life insurance online without the medical exam. Get an instant decision and adjust your coverage at no charge.	Go to site More Info	Compare	loading Fetching your data...
Lemonade	18 - 60 years old	$50,000	$1,500,000	10, 15, 20, 25 and 30 years	Not required	Go to site More Info	Compare	loading Fetching your data...
JRC Life Insurance	18 - 85 years old	$5,000	$50,000,000	10, 15, 20, 25, 30, 35, 40 years to lifetime/age 121	May be required	Compare policies up to $10 million from 45+ top insurance companies with the click of a button.	Go to site More Info	Compare	loading Fetching your data...
Nationwide life insurance	18 - 80 years old	$25,000	$10,000,000	10, 15, 20 and 30 years	Yes	Get term, whole, universal or no-exam life insurance with up to $1 million in coverage.	Go to site More Info	Compare	loading Fetching your data...
Haven Life	20 - 64 years old	$250,000	$3,000,000	10, 15, 20, 25 or 30 years available to those aged 20 - 49 years old. 10, 15, or 20 years available to those aged 50 - 64 years old.	No exams for some applicants	Fill out a quick online application and get approval in minutes with up to $3 million in coverage.	Go to site More Info	Compare	loading Fetching your data...
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Quotacy	18 - 80 years old	$50,000	$65,000,000	10, 15, 20, 30 and 40 years	Depends on provider and policy	Score the lowest rate on life insurance by comparing no obligation quotes from 14+ companies online. No contact info, no spamming.	Go to site More Info	Compare	loading Fetching your data...
Dayforward Life Insurance	18 - 67 years old	$12,000	$500,000	from 10 to 27 years	No exams for some applicants	Dayforward allows you to protect your family with life insurance that protects your income.	Go to site More Info	Compare	loading Fetching your data...
Fabric	21 - 60 years old	$100,000	$5,000,000	10, 15, or 20 years	Depends on policy	No-exam term policies up to $1 million online, with the option to upgrade to permanent life insurance later.	Go to site More Info	Compare	loading Fetching your data...

Compare up to 4 providers

Bottom line

A living will clearly states how you’d like to proceed with medical treatment if you can no longer communicate. If you don’t have one, your family could end up in a stressful situation, or your doctors might be legally obligated to perform procedures that are against your wishes.

To protect your loved ones when you die, compare life insurance companies.

Thank you for your feedback!

Katia Iervasi

Katia Iervasi is a staff writer who hails from Australia and now calls New York home. Her writing and analysis has been featured on sites like Forbes, Best Company and Financial Advisor around the world. Armed with a BA in Communication and a journalistic eye for detail, she navigates insurance and finance topics for Finder, so you can splash your cash smartly (and be a pro when the subject pops up at dinner parties).

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