What is a living will?
By Allstate
Last updated: April 2025
A living will is a written expression of how someone wants to be treated in certain medical circumstances, explains the American Bar Association (ABA). For some, creating a living will may seem like a low priority, a project for an eventual rainy day – but picture this.
A loved one suffers a terrible accident or a sudden illness that renders them unable to make their own medical decisions. How long would they want to receive medical care in an unresponsive state? Do you tell the doctors to take any and all measures to keep them alive? These are some of the toughest decisions you’ll ever make, but if your loved one has a living will, you don’t have to go it alone.
A living will gives you the peace of mind that comes with knowing you have a legal document that explains your preferred medical treatments if you’re permanently ill or dying, explains MedlinePlus. It’s especially useful if your medical condition prevents you from speaking for yourself.
It’s often called an advance directive and it typically lays out whether you wish to accept or reject medical care, says the National Institute on Aging (NIH). This can include whether you approve the use of breathing machines or if you want to be an organ donor.
While thinking about end-of-life care decisions may be challenging, the National Cancer Institute (NCI) notes that it’s best to create a living will while you’re still healthy, if possible. Accidents or unexpected illness may strike suddenly. Otherwise healthy people may be unable to communicate their wishes as a result. Involving your family, friends and physicians in your decisions is important because it makes them aware of your wishes.
Who needs a living will
Health challenges can affect us all — regardless of age. Even younger family members are susceptible to unexpected health crises or accidents that are beyond their control. For that reason, it’s never too early to plan for your future needs. However, there are a few groups for whom it’s particularly important to put health-care directives on paper.
Elderly people
As we age, our priorities and wishes can evolve. So even if you created a living will decades ago, it’s worth revisiting to ensure it aligns with your current priorities. Maybe you want to remain alive for as long as is medically possible, or you have a goal to walk your daughter down the aisle. Or maybe you know which medical treatments you’re willing to endure, and which you aren’t.
As you age, these preferences can change, so the NIH emphasizes the importance of creating or updating your advance directives to make sure they represent how you feel today.
The chronically and terminally ill
Like older people, those with life-threatening illnesses should indicate what specific medical care they wish to receive to save their lives. For instance, if cancer renders you unable to make your own decisions, how many rounds of chemo are you willing to endure?
The NIH recommends consulting with your doctor or medical team to make informed decisions about your wishes. They may even have worksheets at their disposal to help you make a thorough plan.
People with large families
When a family member is faced with a serious medical challenge, emotions – and opinions – run high. If your loved ones can’t agree on how to handle your treatment, your living will can take a great burden off them. It can also help avoid emotional disputes that make the situation even worse.
People with no next of kin or power of attorney
If you’re unmarried, don’t have children, or haven’t named a health care proxy, your state’s laws will determine who makes medical decisions on your behalf. According to the NIA, it could be anyone from a close friend to a physician familiar with your illness, so providing them with advance directives can empower them to make decisions according to your wishes.
Living will vs. other advance directives
Think of your living will as a comprehensive document that provides specific, thorough guidance to your loved ones in any number of “what-ifs”. But there are a few other legal documents that can help facilitate the wishes you express in your living will.
Living will vs. health care power of attorney (HCPOA)
Because it’s simply not possible to account for every potential medical scenario in a living will, the Ohio State Bar Association recommends having a health-care power of attorney as well.
If medical decisions need to be made that aren’t addressed in your living will, a health care power of attorney is important as well as a general durable power of attorney for financial matters. These documents allow you to choose a loved one to make those decisions on your behalf if you’re incapacitated, according to the NIA. It can include the following types of decisions:
- Which medical treatments should or should not be used (such as treatments for acute or chronic conditions, life support or resuscitation and end-of-life care)
- Money-management decisions, including managing investments and retirement accounts
- Managing and making gifts and donations
- Acting on your behalf in a court of law, or official appearances
- Paying your mortgage, car payment or other financial obligations
- Managing Social Security, Medicare, pensions or any other benefits to which you’re entitled
- Serving on your behalf for any other items you specify
Living will vs. do-not-resuscitate order (DNR)
If you’ve made the difficult decision to forego life-saving measures like CPR, a DNR is a simple document that can be presented to medical staff – or even posted in your hospital room – informing them not to take these steps if your heart or breathing stop.
Even if you’ve already made these wishes clear in your living will, a DNR can be helpful in giving physicians and nurses clear, concise instructions in an emergency, explains the NIH.
Living will vs. physician orders for life-sustaining treatment (POLST)
When life-saving decisions need to be made quickly, medical teams simply don’t have time to sift through your living will for specific instructions. And depending on who’s treating you, they may not even have access to it. That’s where a POLST, also sometimes called a Portable Medical Order, can help.
These forms are typically kept on file with your state so that your wishes can be made clear to your medical team, whether they have access to your living will or not. They’re available to all medical professionals, from doctors to nurses and EMTs, and they’re usually specific to your treatment or ailment. These forms are normally reserved for high-risk patients, like the terminally or chronically ill, according to the National POLST Coalition.
How to do a living will
Laws regarding living wills and other advance directives vary by state, but you can download state-specific forms and instructions through the National Palliative Care and Hospice Organization (NPCHO). These forms can only be completed if you’re 18 years of age or older, says the NPCHO. In most cases they require a minimum of two witnesses. It may be helpful to consult a lawyer if you have any questions about the document and its legal implications. You may also create a living will with either a form provided by your doctor or by using legal software or online tools, says FamilyDoctor.org.
Once you’ve completed a living will, the NCI suggests you store it in a safe location that’s easy for a trusted family member or friend to find and access. You might also want to provide an additional copy to your doctor or health care team. Finally, consider keeping a card in your wallet that describes the existence and location of your living will or other advance directives.
Should you consider making a will?
While a living will can help to ensure that you’re in control of your medical care, your end-of-life plan can’t fully represent your wishes without a last will and testament (commonly referred to as a “will”). Having both a last will and a living will can help you, your family, and your medical and legal teams fulfill your plans for the end of your life and after. Consider these four important reasons for making a will:
- You decide who executes your estate
- You decide who will inherit your estate
- You decide who doesn’t inherit your estate
- You decide who cares for minor children
Decide who executes your estate
Creating a will and appointing a trusted executor of your choice helps ensure your estate is managed according to your wishes. It may also help minimize court involvement, says the ABA. If you pass away without a will (i.e., dying "intestate"), your state will determine how to split up your estate, according to Thomson Reuters' FindLaw. This includes distributing your possessions and property and appointing a guardian for any minor children.
FindLaw says the executor of a will can be any trusted person, such as a close friend or family member. But don't forget to check that your appointed executor is willing and able to serve in that capacity. They are typically responsible for ensuring all your affairs are in order and executed to your wishes. They’re also responsible for settling your estates which includes paying off bills and closing any accounts, according to FindLaw. Depending on the size and complexity of your estate, you may want to appoint a lawyer or financial professional who can help manage complex finances or inheritance issues. It is also helpful to consult with qualified tax and legal advisors to ensure you structure your estate plan properly.
Decide who will inherit your estate
A will makes clear which persons or organizations (such as charities or universities) receive all or part of your property when you die, says the ABA. This includes homes, vehicles, financial assets and any other personal property you wish to pass on.
You should also keep in mind that some states have community property laws governing spousal inheritance. In these states, a surviving spouse would be entitled to a certain amount of your estate no matter how much you specifically designate in your will, according to the ABA. Remember to consult with a knowledgeable legal professional as part of your estate planning to help you understand any specific laws in your state.
Decide who doesn’t inherit your estate
A will can also be used to disinherit someone who may otherwise be entitled to receive a portion of your estate, says FindLaw. If you don't have a will, all or parts of your estate may end up in the hands of someone you intended to disinherit (such as a relative with whom you've fallen out of touch). When creating a will, remember to check your state's laws to understand who may be legally entitled to a portion of your estate.
You may want to review your will from time to time and make updates when you experience life changes (such as after the birth of a child), recommends The Balance. You can use these opportunities to specify who should receive specific assets based on your new circumstances.
Decide who cares for minor children
By creating a will, you can appoint a guardian to care for your minor children, says the ABA. If you do not have a will that outlines this, a court will usually appoint an official guardian. This is why it’s crucial to select a trusted guardian for your kids. And, if anyone listed as a guardian or executor in your will passes away, it's important to update your will to ensure your wishes are carried out.
Keep in mind that children under the age of 18 cannot manage inherited property on their own, says HG.org. A trust can be created for your minor children and you can appoint a trustee who will care for their inheritance until they reach adulthood.
Creating a will has numerous benefits for you and your family, and it doesn't have to be difficult. Though using an attorney is helpful when creating a will, you may also be able to do it yourself by using online software solutions to help you craft a legally sound document. Whichever method you choose, creating a will may offer peace of mind that your loved ones will be cared for as you intended.
Your living will and life insurance should work together
When it comes to financial planning, your living will and life insurance policies are inextricably connected. If, say, your advance directives dictate that you’ll spare no expense to prolong your life, you could leave your loved ones with some hefty medical bills. If you’re not also leaving enough cash to pay them off, it’s worth considering a life insurance policy that can step in to take care of them. Conversely, if you prefer minimal medical intervention and have a sizeable estate, you may be able to opt for a smaller life insurance payout.
When it comes to end-of-life planning, consult your financial planner about your advance directives, and discuss how much life insurance could help support them. This professional guidance should help ensure you have a well-rounded and comprehensive end-of-life plan.
The information provided in this document is for educational purposes only. Medical directive and estate planning issues can be complicated and you should consider consulting with a qualified legal and tax advisor to ensure you address your health, financial and estate needs appropriately. Allstate makes no warranty or representation that the information provided in this document is appropriate for you.