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What Is a Living Will?

A Living Will, which is sometimes called a Health Care Directive or Medical Power of Attorney depending on the state, is a document that outlines your health care treatment preferences. A Living Will comes into effect in the event that you can't consent to medical treatment for yourself.

Depending on your state laws, there are a few things to consider about what documents may make up a Living Will:

  • Some states use the terms Living Will and Health Care Directive interchangeably. Other states may use one term, but not the other.
  • Some states recognize a Health Care Directive as being comprised of both a Living Will and Medical Power of Attorney, and some states recognize these as separate documents.
  • Some states have different requirements as to what documents make up a Health Care Directive or a Living Will.

LawDepot's Living Will is customized based on the state you select

What Is a Medical Power of Attorney?

A Medical Power of Attorney is generally used to assign someone you trust to make medical treatment decisions on your behalf. This document may be used on its own or in combination with other documents, depending on your needs and your state laws.

A Medical Power of Attorney can also be known as a:

  • Health Care Proxy
  • Power of Attorney for Health Care
  • Medical POA

What Is a Health Care Directive?

A Health Care Directive lets you plan out your medical treatment wishes in advance so if you become incapacitated (unable to make rational decisions yourself) your caregivers, family, and medical professionals will be aware of your preferences.

A Health Care Directive can also be known as a/an:

  • Advance Directive
  • Advance Care Directive
  • Medical Directive

What Decisions Can I Make with a Health Care Directive?

A Health Care Directive allows you to list your treatment preferences for a variety of medical situations. Keep in mind that every state has its own laws regarding what procedures or wishes professionals are permitted to carry out.

A Health Care Directive will generally allow you to list preferences with regards to:

  • Whether you want to receive medically administered food and water when you are, for example, terminally ill or permanently unconscious
  • Whether you want to receive life-sustaining treatment when you are, for example, terminally ill or permanently unconscious
  • Whether you want to appoint a health care agent to make medical decisions for you

Need More Health Care Planning Documents?

These forms may also be useful for planning your health care wishes:

  • Create a Power of Attorney to appoint an agent to make important decisions about property and financial matters on your behalf if you are unable to make them yourself.
  • A Last Will and Testament allows you to decide how your property and assets will be distributed after you pass away.
  • Create a Child Medical Consent to authorize a trusted person to make medical decisions for your child when they are being cared for by temporary guardians.
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