What Is A Living Will?

Published: 19th October 2009
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In case a person wants to specify what they wish to do in regard to taking medications to prolong their life they need to then create a legal document that is called a living will in which their desires are spelt out. Such a document is also known as health care directive, advance directive and even a physician's directive. There is however a difference between a living will and a living trust because the latter is simply a mechanism that deals with holding/distributing a person's different assets and which helps to avoid probate and which has nothing to do with how a person wishes to be treated in case of terminal illness or being incapacitated.

Main Advantage

The main advantage of writing a living will is that it gives your healthcare provider with instructions as to what you desire in regard to getting medical treatment in case you become incapacitated and cannot speak for yourself.

Each state has its own requirements in regard to the format of the living will. For help in creating a living will you can take ask a lawyer that practices in the real estate industry and in addition you can also ask an attorney that works in the healthcare industry.


At the very least, a living will does spell out which treatments are to be given in order to prolong the life of the person that is making this legal document. As the person making the living will you are allowed to indicate the type of treatment you wish to get and also those treatments that you do not wish to get in case you become incapacitated and/or are afflicted by terminal illness or if you become a vegetable.

Of course, the living will only kicks in once you have become incapacitated and for it to take effect it is often necessary to get a doctor's certificate that states that you are suffering from terminal disease or that you have become a vegetable that cannot take decisions on your own. This means that unless you are diagnosed with a terminal illness or have become vegetative, the living will simply will not have any meaning.

It is recommended that before creating a living will you should discuss your problems with a doctor who knows about all the different life prolonging treatments and who will teach you what you should and should not do in case of a terminal illness or when you become vegetative.


A free living will does of course speak on your behalf when your physical condition deteriorates to such a degree that it incapacitates you. This is a legal document that instructs medical personnel as well as your family members as to the type of medical treatments you wish to receive and in addition it elucidates your desires as to what you want to do with your remains after you die and which can include stating whether you wish to donate your organs and if so, how.

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