How to Make a Living Will?

Diane Carbo

Oct 12, 2023 • 30 min read

Introduction: The Purpose and Importance of a Living Will

A Living Will is an important legal document and is essential for ensuring that your end-of-life wishes are respected. It is an advance directive that spells out specific medical treatments that you do and do not want to receive if you become incapacitated. Having a Living Will can give you control over your medical decisions, even when you’re no longer able to express them.

A Living Will offers you protection in the event of tragedy or a terminal illness, and it can help protect your family from difficult and stressful decisions. It can also make sure that your wishes are respected if you become too sick or too disabled to communicate them.

Making a Living Will is a powerful way to ensure that your rights are respected and your wishes are upheld. By creating a Living Will, you alleviate the burden on your family and healthcare providers by making your wishes known in advance. This guide will provide information about what a Living Will is, the reasons for having one and how to effectively create one.

Definition of a Living Will

A living will is an important document that outlines your wishes for medical treatments and end-of-life care. It is different from a last will and testament in that it takes effect only when you are alive, but unable to communicate decisions due to incapacity or terminal illness.

A living will provides healthcare professionals with guidance as to the type of care you want to receive if you become unable to make decisions or communicate your wishes. It covers matters such as whether or not you wish to be kept on life support, in the event of a long-term illness or a terminal condition.

It is also important to note that living wills do not dictate a particular course of action; instead they provide directives to healthcare providers as to what type of treatments you do or do not want to receive.

Why Make a Living Will?

A living will is an important document for anyone who wishes to have their wishes respected in the case of end-of-life care or medical treatments. It can help to ensure that your wishes are followed, if you become incapacitated and unable to make decisions yourself.

Benefits of Making a Living Will

There are several important benefits to making a living will. Firstly, a living will allows you to state your preferences regarding any medical treatments or end-of-life care, such as when to withdraw life support or which treatments you want to receive. This can help to ensure that your wishes are respected, even if you become incapacitated.

A living will also helps to prevent disputes among family members over what care should be provided. By making your wishes clear, it can alleviate stress and disagreements between loved ones at a difficult time.

Potential Consequences of Not Having a Living Will

If you do not have a living will, medical practitioners are required to follow the law when making decisions about your care. In some cases, this may mean that the care provided does not reflect your wishes. It can also lead to family members fighting over decisions about your care, which can cause additional stress in an already difficult situation.

In addition, without a living will, you may be subjected to treatments that you do not want or need. This can lead to wasted time and money, and could potentially result in undue physical and emotional suffering.

Making a living will is an important step to ensure that your wishes are respected, and to protect yourself, your family and your caregivers from unnecessary stress and conflict.

Deciding What to Include in Your Living Will

Making a living will is an important decision. It provides a legally binding document that outlines your wishes regarding medical treatments and end-of-life care. When creating a living will, it is essential to include specific information to ensure that the conditions stated in the will are enforced.

To make sure your wishes are properly stated, consider the following steps when deciding what to put in your living will:

Make a List of Treatment Preferences: Think about which treatments you do or don't want in certain situations. Do some research on different medical treatments and decide which ones you want to include in your living will.
Specify End-of-Life Care: Determine what kind of care you would like to receive if you become terminally ill or permanently unconscious. Consider whether or not you want to be placed on life-sustaining treatments or if you want to receive hospice care or pain management.
Discuss Wishes with Family: Talk to your family members and loved ones about your wishes for end-of-life care. Having this conversation can help clear up any misunderstandings and ensure that everyone is on the same page when it comes to your wishes.
Understand Your Legal Rights: Educate yourself on the legal aspects associated with making a living will. Make sure that you understand your rights and that you are taking all the necessary steps to make sure your wishes are legally binding.

Although it can be difficult to think about these topics, having a living will in place is important for protecting both you and your loved ones. Taking the time to decide what to include in your living will can provide peace of mind that your wishes will be honored.

Writing Up Your Living Will

A living will is an important document, so it is important to make sure that it is written up correctly. After you have decided on all the elements to include in your living will, you will need to put the information down on paper. Writing up the living will can be a fairly straightforward task if done correctly. It is important to ensure that your living will is written and signed legally, so that it is valid and legally binding.

Steps for Writing a Living Will

Organize Your Information: Start by gathering all the information you need to write up your living will. Make sure everything is organized and ready to be written down.
Find a Template: Knowing how to properly format a living will is important, so it's best to use a template. Most countries offer available templates online for free. You can also consult a legal professional for assistance if needed.
Fill Out the Template: Carefully review the template and fill out the required information in the spaces provided. Make sure your selections are detailed and specific enough to reflect your wishes.
Ensure Everything is Correct: Review your living will thoroughly before signing it. Make sure all the information is correct, clear, and complete.
Sign and Date the Document: The last step is to sign and date your living will. Make sure that you and the witnesses sign and date the document when it is completed.

Legally Binding Your Living Will

In order to make your living will legally binding, you will need to witness and sign it using a notary public or other qualified person. A notary public is an official person that is authorized to certify documents. Having your living will witnessed and signed by a notary public will ensure that everyone can trust that the document is legitimate.

In some countries, you may also need to register your living will with a court. This will involve filing certain documents, such as a copy of the living will and a cover letter, with the court. Contact your local court for more information on the registration process.

Marking the Living Will with Witnesses

A living will is not legally binding until it has been marked with the signature of witnesses. These witnesses must be present when you sign the document and should be of sound mind, with no vested interests in the contents of the document. The witnesses can be anyone over the age of 18 who is not related to you or your family.

Ideally, two witnesses will be present when the living will is being signed, forming a legally-binding tripartite structure. Each witness is required to view the document, confirm that they have witnessed the signature, and sign the document themselves, forming a full circle of consent that your living will is valid and in accordance with your wishes.

In some cases, a witness may not be available to sign the living will. In this case, an attestation clause can be included in the document stating that the person signing the document is making the statements of their own free will. The attestation clause must be initialed by the person signing the document and must include the full name and address of the witness.

It is important to note that, upon signing, the living will becomes effective immediately and cannot be revoked without the written consent of both witnesses. Therefore, it is essential to ensure that you are comfortable with each witness and confident in their ability to be impartial and objective when necessary.

Distributing and Storing the Living Will

Once you have made your living will, there will be a few steps to take in order to ensure it is legally binding and easily accessed if needed. Distributing and storing the living will is an important part of ensuring its effectiveness.

The first step is to make sure your relatives, friends, and healthcare providers are all aware that you have a living will. You should provide copies to those close to you, such as family members or your power of attorney. You should also provide copies to your healthcare team. It may be useful to keep a copy with your other important documents such as your Will, just in case.

It is also important to store the living will somewhere safe and secure. This helps to ensure that it can be found and legally enforced in the event that it is needed. It is possible to register the living will at certain state health departments. This will make it easier for your healthcare providers to access when needed. If you choose to do this, check with your state government to see what their rules and regulations are.

In general, it is a good idea to make clear notes on where the living will is stored. Let someone you trust know where it is kept and how to access it. This person can then provide instructions to your healthcare team or family, if needed.

Keeping Your Living Will Up-To-Date

It is important to keep your living will up-to-date in order to ensure that it reflects your current wishes. This can be done by regularly checking the document against any changes in your health, circumstances, and beliefs. Your living will should be regularly reviewed at least once a year, or when major life events occur.

You can look at the living will and ask yourself if any new treatments have been introduced, or if there have been changes in the way you think about medical care. You can then update the document accordingly. It is also important to make sure that you have appointed an agent that you trust and who will act in accordance with your wishes. Your agent should be someone who understands your values and is willing to carry out your wishes.

It is also important to note that if you choose to change or update your living will, it is important to make sure it is legally binding and certified by two witnesses. If you choose to make changes to your living will, be sure to create a new document, rather than writing over the existing one. Make sure to inform the executor of your will and your physician of any changes made.

Other Considerations

When making a living will, there are some key considerations for ensuring that your wishes are carried out. It is important to take into account the changing state of medical treatments over time. As medical treatments evolve, the language used in the living will should also be updated to reflect those changes.

Another important consideration is that, although a living will serves to legally document your wishes, they may not always be followed due to other prevailing circumstances. Furthermore, it is essential that your living will is updated with any change in circumstances. This could include updating the designated executor, making changes to your treatment preferences, or adding terms and conditions to the document.

If you have appointed a health care proxy to act on your behalf, their power to do so is limited to the scope of the living will. Consequently, you should be sure that the document adequately covers all the decisions you wish them to make on your behalf.

Finally, it is important to recognize that state laws vary between jurisdictions and you should be aware of any laws specific to your residence. For instance, some states may require that the document be signed twice in order for it to be binding.

Conclusion

Creating a living will is an important process to ensure that your wishes for end-of-life care are known and legally binding. Having a living will in place is the only way to guarantee that your wishes are respected. It is also important to periodically review and update your living will to ensure that it reflects your current wishes. Lastly, it is important to document other important end-of-life documents and to securely store and distribute them when necessary.

Creating a living will can be an overwhelming process. However, it is essential to have in place to ensure that your wishes for end-of-life care are respected. Hopefully, this guide has provided you with everything you need to know to create a living will and to understand its importance.