What is a Living Will?

Many people confuse a "living" will with a "regular" will. They are not the same.

What Is A Living Will? How does it differ from a "regular" will?

A Living Will is a type of "Advance Directive." It is a document in which you set forth your wishes in advance, while you are competent, regarding your decisions about such things as whether you would wish to be placed on life support, or whether you would wish to be artificially hydrated.

Unlike a "last will and testament",which is a document that disposes of your property after your death and names guardians for your children, a living will is a very narrowly drafted document. It only "speaks" (becomes operative) when any of the situations it addresses are occurring, and you are unable to convey your wishes to a medical provider.

The authority to execute this document comes from your state. Each state has a law or laws (also known as "statutes") which provide the legal authority for you to make certain decisions in advance.

Each state's statute also uses terminology, which, is defined in a very particular way. (Definitions are also set out in the state statutes.) If your advance directive uses this recommended language, it is predetermined to comply with the laws of your state and be interpreted in accordance with the legal definitions set forth in your state's statutes.

This site provides you with the opportunity to link to your state statutes and review your state's recommended language.

You are encouraged to navigate around this site, because even more important than having a living will, is naming a person to act as your agent to make certain that your dying wishes that you have set forth in your living will are being followed.

For a quick link to your state's recommended form for a living will, click What is a Living Will?