Understanding Living Wills: A Comprehensive Guide

When buying life insurance and planning for your future, the term living will may or may not come up in conversation but when it does, you may find yourself wondering “What’s a living will?”

In this article, you will learn what a living will is, its importance, and how to create one so you can ensure that your medical wishes are respected with the help of our detailed living will guide.

Why is it important to have a living will?

It is important to have a living will because it helps to ensure that an individual's healthcare preferences are honored, even if they are unable to express them at the time. This document can be crucial in situations where a person is suffering from a terminal illness, severe or critical injury, or is in a persistent vegetative state like a coma. Without a living will, family members and healthcare providers might be uncertain about the person’s desires regarding treatments such as life support, resuscitation, or other medical interventions. Even if a person has expressed at some time that they do or do not wish to be put on life support, without a living will, it may be difficult to carry out their wishes when only verbally stated in an informal setting. Family members, friends and loved ones may have different accounts of what a person has said they would prefer. 

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What are some of the key components of a living will?

 1. Medical treatment preferences: A living will typically includes instructions on various types of medical treatments and interventions. This might cover decisions about resuscitation like CPR, mechanical ventilation, use of a tube feeding, and even organ and tissue donation. Individuals can specify whether they want these treatments to be administered or withheld, depending on their health condition and personal beliefs.

 2. End-of-life care: Many living wills address preferences for end-of-life care, including pain management and comfort measures. The document may specify whether the individual prefers to die at home, in a hospital, or in a hospice setting, and it can outline the types of comfort care they wish or do not wish to receive. While the place of death can never truly be guaranteed, an end-of-life care plan can guide loved ones in determining what works best should a terminal diagnosis be given or when a person has reached an advanced age. When considering pain management and medication, a person’s faith might play a role in their decisions, influencing whether they choose to use modern medicine and what specific types of medication they prefer.

 3. Healthcare proxy: While a living will provides specific medical instructions, it does not appoint someone to make decisions on the individual’s behalf. For this purpose, a health care proxy, also known as a durable power of attorney for healthcare, is used. This document designates a person to make medical decisions if the individual cannot. Although separate from the living will, having both documents in place can provide comprehensive guidance for medical care. So it is good to take note here so that one is aware that both documents are usually drafted together but are in fact independent of each other. A health care proxy can even give power of attorney to someone outside of a family who may be more emotionally removed from a situation and better able to think critically and make hard decisions during a difficult time.

How does someone create a living will?

Creating a living will involves several steps which can be broken into 5 basic parts:

1. Consider your wishes: Reflect on your values, beliefs, and preferences regarding medical treatments and end-of-life care. Consider how you want to be treated in different medical scenarios. While it may seem morbid or scary to write a living will, many find comfort in knowing their final wishes will be made and that their loved ones will not have to make such difficult decisions for them. Writing a living will is simply another step in life planning.
2. Consult professionals: It’s advisable to discuss your wishes with a healthcare professional and possibly an attorney. Your doctor or provider can answer some of the more technical questions regarding medical interventions and organ donation, if that is something you would like to do or at least learn more about. They will not give you their opinion but rather a scientific explanation. A legal professional or living will lawyer can help you understand the implications of different choices and ensure the document is legally sound and that the proper living will paperwork is submitted along with the living will document to the proper channels. In some situations, a social worker can also assist a person that is facing end-of-life care that needs a living will sooner than later. 
3. Draft the document: You can either use a standardized form, often available online,  or work with an attorney to create a personalized living will. Many jurisdictions offer templates that can be customized according to your preferences which also saves time and money if your local governing party accepts a written document as legally binding in a court of law should any issues arise regarding the circumstances. Your insurance provider might even offer a free will like Ethos. If your city or state requires something more official, the next part will play a pivotal role in the living will creation.
4. Sign and witness: As previously stated, depending on local laws, the living will may need to be signed in the presence of witnesses and notarized. This ensures its legality and proper execution.
5. Distribute copies to loved ones and trusted caregivers: Provide copies of your living will to your healthcare provider, family members, and anyone else involved in your care. Keep a copy in an easily accessible place such as the “important documents” folder in your home or in your nightstand.

How much does it cost to create a living will? 

We outlined the steps to creating a living will which included free or less expensive options like creating one yourself or using a free template found online or through your local jurisdiction above. If you choose to use a professional, fees can range from $30 using an online legal service to upwards of $500 for in-person legal services. Keep in mind, too, that even the free route can cost money if you use a notary that charges a fee; often, they charge per signer ranging from $5 to $20 per person. Some banks do offer their customers free notary services, too, so that is something to checkout as well. 

In addition to self-serve, online and lawyer-assisted living will creation, wills are also often bundled with insurance purchases as add-on service or free like Ethos has included for their customers. 

Are there any legal and ethical considerations surrounding a living will?

Laws governing living wills vary by jurisdiction, so it’s important to be aware of local regulations. Generally, living wills are respected by healthcare providers, but there can be challenges if the document is ambiguous or not properly executed. Ethical considerations also play a role, as family members and medical professionals may face difficult decisions when interpreting and implementing the directives. Of course, in emergency situations like a car accident or an unexpected heart attack, both witnesses and health care providers will act on impulse and adrenalin to save a person’s life as there may not be enough time to find out if the person has a living will. 

Should everyone consider getting a living will?

The answer to that question will vary by person and it is truly a personal decision that may also change with age and health. Young and relatively healthy adults may not want to think about the inevitable but unfortunately, some circumstances can happen unexpectedly. A living will is a vital tool for ensuring that your healthcare preferences are known and respected when you are no longer able to communicate them yourself, even during unforeseen events. By outlining your desires in advance, you can provide clear guidance to your loved ones and healthcare providers, reducing uncertainty and stress during challenging times. Creating a living will involves careful consideration and planning, but it offers peace of mind and helps to ensure that your values and wishes are honored. 

For more information regarding  wills and life insurance and how they relate to each other, check out our question and answer section on life insurance and wills.