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Living Wills: Why You Need One

Planning ahead · 7 min read · First published 2005 · Updated November 2026

A hospital bed with a white pillow and blue blanket, and a pitcher on a shelf above
Photo by Bret Kavanaugh on Unsplash

An advance directive, often called a living will, is an important document to have at any stage of adult life. It is a legal document that puts your wishes for medical care in writing, so they can be followed if you are ever unable to speak for yourself. Without one, some of the hardest and most important decisions of your life can be left to medical professionals and your family. You risk having a decision made that you would not have wanted. Your loved ones may also be forced to guess what you would choose, and they are often left wondering whether they got it right.

An advance directive can address things such as:

  • Whether to accept or refuse certain medical treatments
  • Pain control and comfort care
  • Resuscitation wishes
  • Wishes about organ and tissue donation
  • Choosing a person (called a health care agent, proxy or surrogate) to make medical decisions for you

The two main parts

Most advance directives have two parts. A living will records the kinds of treatment you do and do not want. A health care power of attorney (also called a health care proxy) names the person you trust to make medical decisions for you if you cannot. You can have one or both. Many people choose both, because no document can cover every situation, and a person who knows you well can speak up where the paper is silent. The person you choose is often called your "agent." Talk with that person, and with a backup, before you name them.

What about a POLST or MOLST?

A POLST (sometimes called a MOLST, depending on your state) is different from an advance directive. It is a set of medical orders, signed by your health care provider, for people who are seriously ill or very frail. It can include a do-not-resuscitate order and choices about things like breathing machines and feeding tubes, and emergency medical teams can follow it. An advance directive does not take the place of a POLST, and a POLST does not name someone to speak for you. If you are seriously ill, ask your doctor whether a POLST is available in your state.

How to make one, step by step

You do not have to do this in a single sitting. Many people take a few weeks.

  1. Think about what matters to you. What makes a day worth living for you? What would you want, or not want, if you were very ill? There are no wrong answers.
  2. Talk with your doctor. Ask what choices might come up for someone with your health, and what they mean. According to the National Institute on Aging, Medicare covers advance care planning as part of your annual wellness visit.
  3. Choose your health care agent. Pick someone you trust to speak for you, and then talk with that person. Choose a backup, too.
  4. Fill out the forms for your state. You can use a living will, a health care power of attorney, or both. Many states offer free forms, and so do national groups such as AARP and CaringInfo. Veterans can use a VA advance directive. If you use an online site, check that the address begins with "https" and that its privacy policy is clear. Free forms are easy to find, so check those before you pay for a service.
  5. Sign it the way your state requires. This may mean witnesses, a notary or both.
  6. Share it. See below.

Getting your forms

Every state has its own rules about how an advance directive must be completed, such as how many witnesses you need or whether it must be notarized. You do not need a lawyer, although one can help. CaringInfo, a program of the National Alliance for Care at Home, offers free advance directive forms and instructions for every state, the District of Columbia and Puerto Rico at https://www.caringinfo.org/planning/advance-directives/by-state/. If you spend time in more than one state, you may want a form for each. For questions about your state's law, you can contact legal aid, your state bar association or your state attorney general's office.

Keep it where people can find it

Many hospitals will keep a copy of your advance directive on file, and hospitals often ask whether you have one when you are admitted, so bring yours. Every hospital is different, so ask the one where you expect to be treated. Having your wishes on file can ease some of the worry about what will happen if you enter a hospital for treatment or end-of-life care.

Make several copies. Give them to your health care agent, your doctors, a trusted family member and your lawyer, if you have one. Some states have a registry where you can file a copy, and if yours does, make sure it always has the latest version. You may also want to carry a wallet card that says you have an advance directive and where it is kept. Keep the original somewhere safe but easy to find. CaringInfo advises against keeping it in a safe deposit box. Tell people where it is. If you plan to donate organs, write that in your directive too.

Review your directive once a year, and again after big life changes such as a move, a diagnosis, a death or a divorce. You can change it whenever you wish. When you make a change, keep the older version but write on it the date it was replaced, and give the new one to everyone who had the old one. If you have pets, this is also a good time to decide who would care for them if you were in the hospital.

Common mistakes to avoid

Most problems with advance directives come from a few things that are easy to fix.

  • Assuming your loved ones know what you want. The National Institute on Aging notes that in one study, people guessed nearly one out of three end-of-life decisions for a loved one incorrectly. Say it out loud as well as writing it down.
  • Having nothing in writing. Without a directive, state law decides who speaks for you, and an unmarried partner who is not named as your agent may be left out.
  • Hiding the paper. A directive that no one can find cannot help you. Tell your agent and your family where it is.
  • Expecting a document to be a guarantee. An advance directive is legally recognized but not legally binding, and a provider may decline to follow it for reasons of conscience, hospital policy or accepted medical standards. If that happens, the provider must tell your agent right away and consider transferring your care. This is one more reason to choose your agent carefully.
  • Relying on a living will alone in an emergency. Orders such as a do-not-resuscitate order or a POLST may need to be in your medical chart or at your bedside so that emergency teams can act right away. Ask your doctor.

Pets and advance planning

If an animal depends on you, a sudden hospital stay raises a question that your directive will not answer. Who feeds them tomorrow morning? Choose a person who agrees to care for your pet in an emergency, write down their name and number along with your pet's routine, medicines and vet, and tell your health care agent where to find it. You might also keep a card in your wallet saying you have pets at home. It is also worth asking an estate attorney how to provide for your pet's long-term care. Do I Need a Will?

This page is general information, not legal advice. Laws differ by state, so for questions about your own situation, speak with a lawyer, legal aid or your state's attorney general's office.

For help getting started, CaringInfo's contact page is https://www.caringinfo.org/contact-us/.

Sources

Written by Words to Comfort

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