Living Will

Your living will, in your own words. Your treatment wishes, on the record.

A living will records the care you do and don't want if you're terminally ill or permanently unconscious and can't speak for yourself. No agent, just your wishes. Free, state-specific, PDF & Word.

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Living Will

Living will
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The complete guide

What is a living will?

A living will (in some states a "declaration" or "directive to physicians") is a document that records the medical care you do and don't want if you become terminally ill or permanently unconscious and can no longer speak for yourself. Crucially, it names no one: it is your voice on paper, not a grant of authority to another person.

That's the single most common point of confusion: a living will is not a power of attorney and not a DNR. It doesn't appoint an agent (that's a medical POA) and it isn't a doctor's order (that's a DNR). It simply states your wishes, which then guide your family, your agent, and your doctors.

What it covers

  • CPR and resuscitation if your heart or breathing stops

  • Mechanical ventilation: being kept alive on a breathing machine

  • Artificial nutrition and hydration: feeding tubes and IV fluids

  • Dialysis and other life-prolonging treatment

  • Comfort care: pain relief you always want, even if you decline other treatment

When it applies

A living will only takes effect when two things are true: you can no longer make your own decisions, and you're in a qualifying condition (usually terminal illness or permanent unconsciousness) certified by your physicians. While you can still speak for yourself, your own voice always controls.

The nuance most people miss: three states, Massachusetts, Michigan, and New York, have no living-will statute. A living will there can still guide your care, but the legally operative document is a healthcare proxy or patient-advocate designation. If you're in one of those states, your state page uses the form that actually carries weight.

Living will vs medical POA vs advance directive vs DNR

Pair your living will with a medical power of attorney so someone can act on decisions your wishes don't cover, together they make an advance directive. A DNR is separate: it's a physician's order for EMTs and hospitals, not something you write alone.

Step by step

How to make a living will (4 steps)

1

Get your state's form

Use your state's declaration form so it's recognized without argument. A few states fold it into a combined advance directive. See the state directory below.

2

State your wishes

Decide about life support, resuscitation, and tube feeding. You can accept some and decline others.

3

Sign with the right witnesses

Most states require two witnesses and bar your relatives, heirs, or attending doctor from serving. Some allow a notary.

4

Put it on file

Give copies to your doctor and family before it's ever needed, so no one is searching in a crisis.

Living will rules by state

Whether your state has a living-will statute, how many witnesses it needs, and who may not witness, differ by state.

StateLiving-will statuteWitnessesNotaryNote
AlabamaAla. Code § 22-8A-1 et seq.2NoNatural Death Act
AlaskaAS 13.52.010 et seq.2 or notaryAlt.Health Care Decisions Act
ArizonaA.R.S. § 36-3261 (living will); § 36-3221 (health care POA)1 or notaryAlt.Living Will statute (Health Care Directives)
ArkansasArk. Code § 20-17-201 et seq.2 or notaryAlt.Arkansas Rights of the Terminally Ill or
CaliforniaCal. Prob. Code § 4600 et seq.2 or notaryAlt.Health Care Decisions Law
ColoradoC.R.S. § 15-18-101 et seq.2 or notaryAlt.Colorado Medical Treatment Decision Act
ConnecticutConn. Gen. Stat. § 19a-570 et seq. (Ch. 368w); form at § 19a-575a2NoHealth care instructions (living will)
Delaware16 Del. C. § 2501 et seq.1NoUniform Health-Care Decisions Act (2023)
FloridaFla. Stat. ch. 765; living will §§ 765.301-765.3092NoHealth Care Advance Directives
GeorgiaO.C.G.A. § 31-32-1 et seq.2NoGeorgia Advance Directive for Health Care Act
HawaiiHRS § 327E-1 et seq.2 or notaryAlt.Uniform Health-Care Decisions Act (Modified)
IdahoIdaho Code § 39-4501 et seq. (Title 39, Ch. 45)None req.NoThe Medical Consent and Natural Death Act
Illinois755 ILCS 35/1 et seq.2NoIllinois Living Will Act
IndianaInd. Code Art. 16-36, ch. 7; § 16-36-7-22Alt.Health Care Advance Directives law
IowaIowa Code ch. 144A; § 144A.12 or notaryAlt.Iowa Life-Sustaining Procedures Act
KansasK.S.A. 65-28,101 to 65-28,109; declaration/form at 65-28,1032 or notaryAlt.Kansas Natural Death Act
KentuckyKRS 311.621 to 311.643; definitions at 311.6212 or notaryAlt.Kentucky Living Will Directive Act
LouisianaLa. R.S. 40:1151.1 to 40:1151.10; definition at 40:1151.12NoLouisiana declaration concerning
Maine18-C M.R.S. §§ 5-801 to 5-819; § 5-8032NoMaine Uniform Health Care Decisions Act
MarylandMd. Health-General §§ 5-601 to 5-618; § 5-6022NoMaryland Health Care Decisions Act
MassachusettsNo statuten/an/aUse health care proxy (c. 201D)
MichiganNo statuten/an/aUse patient-advocate designation
MinnesotaMinn. Stat. ch. 145C; § 145C.032 or notaryAlt.Minnesota Health Care Directive
MississippiMiss. Code §§ 41-41-201 to 41-41-229; § 41-41-2052 or notaryAlt.Mississippi Uniform Health-Care Decisions Act
MissouriMo. Rev. Stat. §§ 459.010 to 459.055; § 459.0102NoMissouri life support declaration
MontanaMont. Code §§ 50-9-101 to 50-9-111; § 50-9-1012NoMontana Rights of the Terminally Ill Act
NebraskaNeb. Rev. Stat. §§ 20-401 to 20-416 (declaration at § 20-404)2 or notaryAlt.Rights of the Terminally Ill Act
NevadaNRS 449A.400-449A.481 (declaration at NRS 449A.433)2NoDeclaration governing the
New HampshireRSA 137-J:1 et seq. (form at RSA 137-J:20)2 or notaryAlt.Written Directives for Medical Decision Making
New JerseyN.J.S.A. 26:2H-53 et seq. (execution at 26:2H-56)2Alt.New Jersey Advance Directives for Health Care
New MexicoN.M. Stat. § 24-7A-1 et seq.None req.NoUniform Health-Care Decisions Act
New YorkNo statuten/an/aUse health care proxy (PHL § 2981)
North CarolinaN.C. Gen. Stat. § 90-320 et seq.2YesRight to Natural Death; witnesses & notary
North DakotaN.D.C.C. ch. 23-06.5 (execution at § 23-06.5-05)2 or notaryAlt.Health Care Directives
OhioOhio Rev. Code § 2133.01 et seq.2Alt.Modified Uniform Rights of the Terminally Ill
Oklahoma63 O.S. § 3101.1 et seq.2NoOklahoma Advance Directive Act
OregonORS 127.505-127.660 (execution at ORS 127.515)2 or notaryAlt.Advance Directive for Health Care
Pennsylvania20 Pa.C.S. ch. 54 (living will execution at § 5442)2NoAdvance Health Care Directives
Rhode IslandR.I. Gen. Laws § 23-4.11-1 et seq. (execution/form at § 23-4.11-3)2NoRights of the Terminally Ill Act
South CarolinaS.C. Code Ann. § 44-77-10 et seq.2YesSouth Carolina Death With Dignity Act
South DakotaSDCL ch. 34-12D2 or notaryAlt.South Dakota Living Wills statute
TennesseeT.C.A. § 32-11-101 et seq. (living will); T.C.A. § 68-11-1801 et seq. (advance directive)2 or notaryAlt.Right to Natural Death Act (living will)
TexasTex. Health & Safety Code ch. 166, § 166.0322 or notaryAlt.Texas Advance Directives Act
UtahUtah Code § 75-2a-101 et seq.1NoUtah Advance Health Care Directive Act
Vermont18 V.S.A. ch. 2312NoVermont Advance Directives for Health Care
VirginiaVa. Code § 54.1-2981 et seq.2NoVirginia Health Care Decisions Act
WashingtonRCW ch. 70.1222Alt.Washington Natural Death Act
West VirginiaW. Va. Code § 16-30-1 et seq.2YesWest Virginia Health Care Decisions Act
WisconsinWis. Stat. ch. 1542NoWisconsin 'Declaration to Health Care
WyomingWyo. Stat. § 35-22-401 et seq.2 or notaryAlt.Wyoming Health Care Decisions Act
Washington D.C.D.C. Code § 7-621 et seq. (living will); D.C. Code § 21-2201 et seq. (durable POA for health care)2NoNatural Death Act (declaration)

Your living will in 3 steps

1

Pick your state

We load your state's declaration form and its witness rules.

2

State your wishes

Choose what care you want and don't want, in plain language.

3

Sign & file

Download, sign with valid witnesses, and give copies to your doctor.

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State-specific & reviewed

Every template is matched to your state's law and reviewed by our legal team, with citations you can check.

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Kept current

When a state's rules change, we update the form. Your documents stay compliant, not stale.

Living Will FAQ

Is a living will the same as a DNR?+
No. A living will is your written wishes; a DNR is a medical order a physician signs so providers withhold CPR. A living will can inform a DNR, but it isn't one and doesn't bind EMTs on its own.
Does a living will name someone to make decisions?+
No, it records only your wishes. To name a decision-maker you need a medical power of attorney, or an advance directive that combines wishes and an agent.
Does a living will need to be notarized?+
Most states require witnesses rather than a notary, and many bar your relatives, heirs, or attending doctor from witnessing. A few allow a notary as an alternative. Your state page shows the exact rule.
When does a living will take effect?+
Only once you can no longer decide for yourself and you're terminally ill or permanently unconscious, as certified by your doctors. While you can still speak, your own choices control.
Can I change or revoke it?+
Yes, any time and in almost any clear way, destroy it, sign a new one, or tell your doctor. The most recent valid version controls.

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