Living Wills

A living will is a declaration to your physician, medical provider and family stating your preferences for life-prolonging procedures in the event of permanent illness or unconsciousness where your death is imminent. Each state has its own nomenclature but Advanced Directives (Texas), Advanced Health Care Directives (Delaware, Hawaii, and Mississippi), Advanced Directive for Health Care (New Jersey), Declaration of Desire for Natural Death (South Carolina), Declaration to Physicians (Wisconsin) and Terminal Care Document (Vermont), to name a few, are all living wills. 
 

Are the forms on this site legal and what do they contain?

Our living wills are not generic type documents offered by most internet services which may or may not be legal in your state.  We have researched and adopted the forms prescribed by each state to be used on our site.  References to the relevant statutes are provided on the living wills page of each state. After you enter your information and print out your document, it is a finished product ready for your signature.

Generally the forms prescribed by the various states run from simple to complex.  The common thread running through all forms, however, is that you must suffer from a terminal condition and do or do not want life-prolonging treatment. 
 

How do I know what treatment I want and do not want if I become terminal?

Before you purchase a living will from us or anybody else, we suggest you talk to your doctor to determine what type of treatment you do or do not want if you have a terminal condition. Even though a living will does not deprive you of pain medication, some pain medication, such as morphine, can actually hasten death if you are in a weakened condition. 

Some people have an aversion to electro-shock treatment which creates stress on a frail human body. Morphine and electro-shock treatment can actually lead to suspension of natural respiration which could result in the necessity of a mechanical breathing device. 

In addition to consulting with your physician you can also do research on your own.  Drug InfoNet provides a free research database for health care and pharmaceutical-related topics.
 

What is the difference between a will and a living will?

A will (last will and testament) only takes effect after your death.  It disposes of your property and can designate guardians for your children. 

A living will has nothing to do with your property or children but only your election concerning life-prolonging procedures in the event of your permanent illness or unconsciousness where death is imminent.

What do I do with my living will after I print it out and sign it?

Make a copy and give the original to your physician to be placed in your medical records. Also, make copies and give to trusted family members. If you do not have a physician, give the original to a trusted friend with instructions to give to your treating physician in the event you become incapacitated.
 

What if my physician does not want to carry out my desires?

Most states require the physician to notify you if he or she is unwilling to carry out the desires you state in your living will.  The purpose of this requirement is to afford you the opportunity to seek a compliant physician.
 

Can I revoke my living will?

Yes.  You may revoke your living will at any time and in any manner.  However, if you have provided your physician or health care provider with your living will you must notify them immediately so that your revocation may be entered in your medical records.
 

Does exercising my rights under a living will by refusing life-prolonging procedures constitute suicide?  If so would this cause my insurance company to deny payment to the beneficiary under my life insurance policy?

Most states have statutes which specifically provide that exercising your right to refuse life-prolonging procedures does not constitute suicide.

Some states also specifically preclude insurance companies from denying a claim because you have refused life-prolonging procedures and died as a consequence, notwithstanding your life insurance policy provides otherwise.