How to make a living will

You’ve probably heard the expression “save it for a rainy day.” Just as you might prepare for unexpected expenses by setting aside some extra cash, you can also prepare for an unexpected illness or injury by outlining your healthcare wishes. This ensures that, even if you’re incapacitated and can’t communicate, you’ll receive the type of medical care you want. You can do this by creating a living will.

A living will is a legal document that lets you outline your healthcare preferences in case you’re ever unable to communicate them. This can include decisions about medical treatments, procedures, medications, and more. For example, if you were in a car accident and were unconscious, doctors would reference your living will to decide how to treat you.

So how do you go about creating this important legal document? We’ve outlined the steps below.

5 steps to make a living will

1. Decide your preferred treatment options.

Before you create your living will, you need to decide which medical decisions to include in it, and how you feel about each of them. Your living will can address your preferences about:

• Life-sustaining treatments, like chemotherapy, medication, and surgery
• Life support, like feeding tubes, artificial respiration, and kidney dialysis
• End-of-life wishes, like organ donation or religious rituals

You can use the following questions to help you figure out how you feel about some of these topics:

• If you were ill, do you want your doctors to do everything they can to keep you alive? Or are there situations where you’d prefer a natural death?
• Are you willing to try risky or expensive medical procedures?
• Would you ever want to be on life support?
• What do you consider a good quality of life?

It’s a good idea to discuss these issues with your loved ones. Having these conversations while you’re healthy can remove the pressure and make decisions easier later on.

2. Consider making a medical power of attorney to accompany your living will.

When you make a living will, you can also create a medical power of attorney (POA). With a medical POA, you name a person — often called your healthcare agent or proxy — to make decisions for you if you can’t. They’ll be the point of contact for your medical team, and can make decisions about anything you didn’t cover in your living will.

3. Get a living will form specific to the state where you live.

When it comes to getting a living will form, you have a couple options:

• Use a living will form provided by your state. Most states provide blank living will forms for free (but these templates aren’t always easy to tailor to your needs).
• Use an online living will template. There are several companies that offer living will forms online. You fill in your information and then often have to pay a fee to download your documents.
• Use free online software. You can use a free provider, like FreeWill, to create a living will and medical POA. We provide a customizable framework for what to include in your living will.

4. Fill out, sign, and notarize your living will.

Your living will should exist in a physical form — meaning it should be printed, so you have a hard copy. You should sign your living will, and have it witnessed and notarized according to your state’s laws. Most states require two witnesses to a living will, and some also require a notary’s seal.

If you use FreeWill to create your living will, we include instructions for how to witness and notarize your document, based on the state where you live.

5. Store your living will in a safe place, and update it as your preferences change.

Once you’ve completed your living will, store it in a safe place — like a home safe — with your other estate planning documents. You should also give a copy to your healthcare agent (if you have one), your doctor, and your local hospital.

As you age and your life changes, your healthcare preferences will likely change, too. That’s why it’s a good idea to revisit your living will from time to time, and make sure it’s up to date with your current wishes.

How to make a living will without a lawyer

You don’t need to hire a lawyer to draft your living will. As long as it’s signed, witnessed, and notarized, a living will you write yourself is as valid as one written by a lawyer. But if you have any questions about your living will, you can always meet with an attorney to make sure it covers your needs.

A living will creates peace of mind

While the thought of outlining your end-of-life wishes can feel uncomfortable, it’s one of the kindest things you can do for your loved ones. By clearly stating your preferences, you protect your family from having to make difficult decisions, and also ensure you receive the healthcare you want. With FreeWill, you can securely create your living will for free online.

Interested in making a last will and testament instead? You can also do that for free through FreeWill. Get started here.