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Living Will Formats

A living will is a legal document that must be drafted with care. Also known as a health care directive, a living will provides instructions as to what medical care and treatments, if any, you want performed if you cannot physically make your desires known. Living will forms are available and can be used as a template. The format is generally up to you.

  1. Required Information

    • Living wills should provide at least two critical pieces of information: who you want to act as your agent and the scope of medical treatment you want performed on you. Gather this information before drafting the document. While the specific wording regarding the desired medical treatment is not necessary during this preliminary phase, you should have a good idea about the scope of the document.

    Organization of the Living Will

    • Use a living will form as a template in order to get an idea about how to organize and format it. In general, the document should be titled "Living Will of [Person's Name]" and be broken into sections with section headings. Common sections include a section naming the person's health care agent, a section naming a contingent health care agent if the first agent is unwilling or unable to act, a section describing the medical treatment desired and a section describing when the document becomes effective.

    Clear and Concise Instructions

    • Throughout the document, use clear and concise language. According to "Understanding Your Living Will," language included in most forms is vague and could be misinterpreted. It is critical that you tailor the document to yourself and spell out exactly what you want. For instance, the living will may come into effect when you are "incapacitated." The living will should describe the criteria for determining incapacitation. An example might be including a requirement that two medical doctors determine that you are unconscious and that you are not likely to regain consciousness.

    Legal Assistance

    • Without a living will, your life may be unnecessarily prolonged through artificial means. This can become very expensive and emotionally draining. Even with a living will in place, potential pitfalls exist as to misinterpreting your wishes or drafting vague instructions. Hiring an attorney and seeking legal assistance is highly recommended.

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