How Does a Living Will Work?

Living wills enable an individual to make critical decisions about their end-of-life medical treatment while still physically and mentally able to do so. They are becoming more and more commonplace as the influence of expensive medical care costs and quality of life concerns influence our thinking.

What is a Living Will?

A living will is similar to an ordinary will in that it is a legal document stating the desires of a person when they are no longer able to speak for themselves. Unlike a regular will, however, it deals specifically with medical issues and becomes effective while the individual is still alive. Rather than having a physician decide what is in the best interests of his patient in terms of end-of-life treatment, the expressed desires of the individual make that determination. The items dealt with concern the level of treatment to be administered and the point at which all efforts should be discontinued. Additionally, family members can avoid the anguish and guilt involved in such decision making knowing that the wishes of their loved one were followed.

Points to Remember in Making a Living Will

• It is essential that the individual's intentions are clearly stated. Terms such as "when life is no longer worth living" must be avoided as they might mean different things to different people. Directives to stop further treatment, feeding tubes and resuscitators should instead be geared to the likelihood of recovery and the intensity of pain.


• The provisions of living wills fall under state law, so there will be variations. To be sure that the individual is in compliance with the requirements set by the state of residence, it is best to use the form approved by that state. The forms are available on the Internet. It is not necessary to hire an attorney, however, witnesses and notarization will be required.


• Living wills are not just for the elderly. Life-threatening trauma can strike at any time. As long as an individual is at least 18 years-of-age, they are legally capable of completing a living will.