Living Will: Definition, Purpose, How to Write and Cost

Are you wondering what is a living will? This document covers the living will meaning,  its involvement, its significance in making basic healthcare choices, and the legal requirements included. You can get your living will made at LegalPen, a company with qualified legal experts offering will writing services.

What is a Living Will?

A living will is a legal document that outlines your wishes for medical treatment in situations where you cannot communicate your preferences. It helps you specify what you would prefer regarding life-sustaining treatments, resuscitation, and other healthcare interventions, ensuring your wishes are fulfilled even if you’re not in a position to make them.

What is the Purpose of a Living Will?

The purpose of a living will is to ensure that your medical treatment wishes are followed when you can no longer communicate them. It guides your caregivers and family members on what to do in these crucial moments, ensuring your wishes are respected. Below are the components of a living will and their purposes:

1. Medical Treatment Preferences

This includes whether you would prefer life-sustaining treatments, such as ventilators, dialysis, resuscitation (CPR), or artificial nutrition and hydration if you are in a terminal condition or a coma or none of the stated treatments.

2. End-of-Life Decisions

You can state if you would prefer natural death to take its course without any mediation or if you want all possible measures to prolong life. It determines how long life-sustaining treatments should be done and when they must be withdrawn.

3. Pain Management

You can outline how to be treated for pain and discomfort, even if you choose to control the life-sustaining measures, ensuring you are still comfortable in those moments.

4. Organ Donation

Some living will forms allow you to outline your organ and tissue donation wishes. This helps you outline how your organs should be utilized to make an impact when you are gone.

5. Designation of a Healthcare Proxy

Sometimes, a living will might be paired with a healthcare proxy or power of attorney for healthcare. This assigns somebody to make medical decisions for you if you become debilitated.

How to Write a Living Will?

Writing a living will is essential to ensure your healthcare wishes are fulfilled if you cannot communicate them. Here is how to make a living will effectively:

1. Reflect on Your Healthcare Preferences

Ensure to reflect on the treatments you would want or forego in cases of a terminal illness, a coma, or an inability to communicate. Decide whether treatments like mechanical ventilation, tube feeding, or resuscitation should be performed and in what instances they should be done.

2. Get a living will template or consult legal assistance

Individuals who prefer creating their living can find templates online or through healthcare providers. Alternatively, you can seek help from a qualified individual. You can get a professionally written living will at LegalPen that meets your state’s legal requirements

3. Draft the will

Ensure that the living will reflects your wishes satisfactorily and meets all the requirements. This helps the will become legally valid and can be fully acted upon when needed.

4. Sign the living will

Ensure you sign your will in the presence of at least two witnesses unrelated to you and have no financial interest in your estate to prevent any biased decisions.

5. Review and Update Regularly

Update your will regularly to ensure it reflects your current health status. Make sure your living will complies with the current state laws as they may change with time.

How Much Does a Living Will Cost?

The cost of creating a living will varies, depending on where you get it made and the complexity of your estate. At Legalpen, a living price will range between $500 and $5000, depending on your estate. Individuals with a straightforward estate might not require a complex living will, while those with large estates and complicated family dynamics require a more intricate one that tends to their needs while ensuring the document’s validity. Those with complex estates might need a living will and trust, hence the price difference.

What to Include in a Living Will?

When drafting a living will, even when using a living will template, the elements below must be included for it to be effective:

1. Personal information. This includes your full name, date of birth, and contact information to avoid confusion.
2. Medical treatment preferences. Here, you cover life-sustaining treatments, organ and tissue donation, and palliative care to guide your caregivers.
3. Conditions for implementing the living will. These include terminal illnesses or being in a permanently unconscious state, which helps guide when the will should be acted upon.
4. Designation of a healthcare proxy. This should be someone you trust to make decisions for you in cases where you are not in a position to do so.
5. Witnesses or notarization. Include the signatures of at least two witnesses who are not family members, healthcare providers, or individuals with a financial interest in your estate or a notary.
6. Signature and Date. Include your signature and the date you signed the document to make it legally binding.

What are My Next Steps Once I Write a Living Will?

Once you’ve written, your living will ensure it is properly signed and meets your state’s legal requirements. Then, distribute copies to your healthcare provider, designated healthcare proxy, and family members so they know your wishes. Store the original document in a secure but accessible place, and inform trusted individuals how to access it. Finally, review and update your living will to reflect any changes in your health status.

Who Should Have a Living Will?

Anybody who needs their medical wishes fulfilled in case they are debilitated, particularly concerning end-of-life care, ought to have a living will. It ensures your wishes are upheld and alienates the decision-making burden from loved ones. Individuals who want to create a living will but are not in a financial position to get it can acquire a free one online or on the state government website, which provides official living will forms to guide them in making one.

What to Consider Before Creating a Living Will

Before creating a living will, consider your medical treatment preferences, including resuscitation, life-sustaining measures, and end-of-life care. Reflect on your core values, consult with loved ones, and know your state’s legal requirements to ensure your wishes are clear and valid.

Does a Living Will Need to be Notarized?

No, a living will does not always need to be notarized. In most states, a living will can be legally valid with the signatures of two adult witnesses. However, some states require notarization, so it’s essential to check your specific state’s requirements to ensure your living will complies with them.

What Kinds of Decisions are Covered in a Living Will?

A living will covers decisions regarding medical treatments to guide your medical care in cases you cannot relay them. These decisions include:

1. End-of-Life Care. Decisions on palliative care, comfort care, and pain management.
2. Life-Sustaining Treatments. This includes whether you want resuscitation (CPR), mechanical ventilation, or dialysis performed.
3. Organ and Tissue Donation. You provide directions for organ or tissue donation after death.
4. Artificial Nutrition and Hydration: You specify whether to receive food and water through a feeding tube if you cannot ingest it usually.

Do I Need an Attorney for My Living Will?

No, you do not need an attorney for your living will. You can make your own using state-approved printable living will forms or templates, provided you meet your state’s legal requirements on the signature part and the witness section. However, seeking legal assistance can be helpful if you have complex medical wishes or a large estate.

Can You Make a Living Will Without a Lawyer?

Yes, you can make a living will without a lawyer. Many states offer free living will templates or forms that can be filled out, signed, and witnessed as needed to create a legally valid document. You can use living will examples to familiarize yourself with how to write it. However, consulting a lawyer can help ensure your living will is legally binding, especially in more complex situations.

How Old Do You Need to Be to Create a Living Will?

You must be at least 18 to create a living will. This is because, at 18, you are considered an adult who can make informed decisions about your healthcare. You can effectively outline your wishes for medical treatments and end-of-life care at this age.

When Does a Living Will Go into Effect?

A living will and testament goes into effect when you are incapacitated and are not in a physical position to communicate your medical preferences, especially in cases involving terminal illness, a coma, or severe cognitive impairment.

Are Living Wills the Same as Living Trusts?

No, living wills and living trusts are not the same. Important documents serve different purposes within an individual’s estate planning. One document covers your healthcare decisions when you are debilitated, while the other covers the management of your assets and their distribution.

Can a Living Will be Broken?

Yes, a living will can be broken under specific circumstances. This can happen if it is legally invalid because it does not meet the signing and witnessing requirements. Additionally, if your designated healthcare proxy demonstrates that circumstances have changed in a way not foreseen by the living will, it may be challenged.

What Happens if You Do Not Have a Living Will?

In cases where you do not have a living will, your family members or healthcare providers will be in charge of making decisions about your medical treatment, as per the state laws. Without clear directives, their choices may not match what you would have wanted. This leads to confusion and disputes amongst your loved ones, especially in instances like life support or end-of-life care.

What is the Main Drawback of Having a Living Will?

A living will may not cover every possible medical situation. It is difficult to predict all future health occurrences. Thus, the instructions in a living will may not address unexpected conditions, leaving some decisions to healthcare providers or family members.

What Are the Requirements for a Living Will in Florida?

You must be at least 18 years old and of sound mind to create a living will in Florida. The document must be in writing and signed by the individual in the presence of two witnesses who are not blood relatives or with a financial interest.

What are the Requirements for a Living Will in Texas?

For you to write a legally valid living will in Texas, you must be at least 18 years old and of sound mind. The document must be in writing and signed by you. It must be signed by two witnesses who sign it too. The witnesses must not be blood relatives or have a financial interest.

What are the Requirements for a Living Will in Ohio?

A living will in Ohio can be written by an individual who is at least 18 years old and of sound mind. It must be in writing and signed by the individual and has either been witnessed by two people or notarized. Witnesses cannot be blood relatives or have a financial interest.

What is the Difference Between a Will and a Living Will?

The difference between a living will vs a will is that a will outlines how your assets are distributed to your beneficiaries after death, while a living will outlines your healthcare choices if you are incapacitated and cannot make decisions. When making a will, ensure it serves the purpose you intend it to. 

What is the Difference between a Living Will vs Living Trust?

The difference between a living will vs a living trust is that a living focuses on medical decisions if you become incapacitated, while a living trust deals with management of your property and financial management.

What is the Difference between a Living Will vs Power of Attorney?

The difference between a living will vs power of attorney is that a living will covers your medical treatment wishes if you’re incapacitated. In contrast, a power of attorney designates someone to make legal, financial, or healthcare decisions on your behalf.

What is the Difference between a Living Will vs Advance Directive?

The difference between a living will vs advance directive is that a living will covers your medical treatment preferences if you’re incapacitated, while an advance directive is a broader term that includes the living will and other directives, such as appointing a healthcare proxy.