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Free Living Will Form

When you could be at your most vulnerable, ensure important health care decisions are explained clearly with a Living Will Form. You can create a Free Living Will with our template designer.

Last Update April 27th, 2022

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What Is a Living Will

The purpose of a Living Will, or Health Care Directive or Advance Directive,  is to permit you to be in charge of your medical treatments for end-of-life medical care. 

There may be a moment when you become incapacitated and cannot reach any decisions for your health. Planning for such a moment is crucial while possible.

By writing a Living Will, you as the “declarant” can ask for or refuse certain medical treatments. What that means for you is that doctors will know whether to perform any life-saving procedures or not.

What Should You Include in Your Living Will

There are different decisions regarding situations where you feel life-saving measures are necessary or, perhaps, you would prefer to pass on peacefully.

  • Treatment options 

  • End-of-life decisions

  • Agent  

You may wish to have a religious leader by your side in your final moments. 

You may also want to choose someone you can rely on to make any important medical decisions.

Adding these terms helps you feel more comfortable about your future and any unfortunate situation.

How to Make a Living Will

Quite a few accidents or diseases can leave us needing life-saving or life-sustaining medical attention. It is an unfortunate part of life, however, it is something we need to plan for. 

That is why LawDistrict provides a template that makes the process much easier, especially if you want to provide clarity to medical personnel and your family if you ever find yourself in that situation. 

Choosing Between Treatment Options

Deciding what medical treatment or procedures you’d want if you cannot eat or breathe on your own is one of the most important parts of creating your Living Will. 

The best way of deciding on what treatments you would accept or refuse is to discuss it with your family

Electing End-of-Life Options

Apart from medical decisions, there are other possibilities that you can choose from.

For instance, you may request that a spiritual leader, such as a priest or rabbi, be present to read you your last rights. 

Planning on funeral arrangements is also recommended. 

Deciding on a Health Care Agent

Choosing to include a health care agent is advisable, as you may need someone who can advise your family on certain choices. For instance, 

  • Judgments based on your chance of survival 

  • Judgments based on your preferences 

Living Will Statutory Laws by State

Each state has specific signing requirements and laws regarding Living Wills that you must follow. 

If you wish to write a Living Will, have a look at your state’s requirements below. 

State Signing Requirements Statute Law
Alabama Two Witnesses § 22-8A-4
Alaska No Witnesses required § 13.52.010
Arizona One Witness or Notary § 36-3262
Arkansas Two Witnesses § 20-17-202
California Two Witnesses or Notary § 4701
Colorado Two Witnesses § 15-18-104
Connecticut Two Witnesses § 19a-575
Delaware Two Witnesses § 2505
Florida Two Witnesses § 765.303
Georgia Two Witnesses § 31-32-4
Hawaii Two Witnesses or Notary § 327E-3
Idaho No Witnesses Required § 39-4510
Illinois Two Witnesses 755 ILCS 35
Indiana Two Witnesses § 16-36-4-10
Iowa Two Witnesses or a Notary § 144A.3
Kansas Two Witnesses or a Notary § 65-28,103
Kentucky Two Witnesses or a Notary § 311.625
Louisiana Two Witnesses § 40:1151.2
Maine Two Witnesses § 5-803
Maryland Two Witnesses § 5-603
Massachusetts Two Witnesses (For Health Care Proxy) No statute
Michigan No State Law for Living Will No statute
Minnesota Two Witnesses or Notary § 145C.16
Mississippi Two Witnesses or Notary § 41-41-209
Missouri Two Witnesses § 459.015
Montana Two Witnesses § 50-9-103
Nebraska Two Witnesses § 20-404
Nevada Two Witnesses § 449A.439
New Hampshire Two Witnesses or Notary Section 137-J:20
New Jersey Two Witnesses or Notary Section 26:2H-54
New Mexico No Witnesses Required § 24-7A-4
New York Two Witnesses § 400.21
North Carolina Two Witnesses and Notary § 90-321
North Dakota Two Witnesses or a Notary § 23-06.5-17
Ohio Two Witnesses or a Notary § 2133.02(A)(1)
Oklahoma Two Witnesses § 63-3101.4
Oregon Two Witnesses § 127.702
Pennsylvania Two Witnesses § 5471
Rhode Island Two Witnesses § 23-4.11-3
South Carolina Two Witnesses and Notary § 44-77-50
South Dakota Two Witnesses § 34-12D-3
Tennessee Two Witnesses or Notary § 68-11-1803
Texas Two Witnesses or a Notary § 166.033
Utah One Witness § 75-2a-117
Vermont Two Witnesses § 9703
Virginia Two Witnesses § 54.1-2983
Washington Two Witnesses § 70.122.030

West Virginia Two Witnesses and a Notary § 16-30-4
Wisconsin Two Witnesses § 154.03(2)
Wyoming Two Witnesses or a Notary § 35-22-403

How to Write a Living Will

If you feel that it is a wise choice to create a Living Will, then you should know what you need to include in the document. 

Here is what should be included in a Living Will: 

  • Principal: Include the principal’s(Patient) name and address

  • Application of living will: Explains which treatment to withhold or to go ahead with

  • Further instructions: List any other instructions, such as other treatment requests you feel are necessary 

  • Signature: The signature must fill in the date and sign 

  • Statement & signature of witnesses: Witnesses sign a declaration stating that everyone is of sound mind

  • Statement & signature of Notary Public: If necessary, a notary public also signs the document

What is the Difference Between a Living Will and a Will

A Will, or Last Willand Testament, is an important document for adults to consider. 

While the name may be similar, a Will and a Living Will have some key differences, such as when the terms of the will come into force. 

One document is made to carry out your decisions before death and one is made to carry out your decisions after death. 

Living Will Last Will and Testament
Preferences for medical treatments Who receives your possessions after death
Terminates upon death How your children are taken care of after death

Advance Directive vs Living Will

Depending on the state that you live in, both an Advance Directive and a Living Will could be used interchangeably. Some states use only one of the terms and not the other.  

Both, an Advance Directive and Living Will are used to decide your health care if needed. 

Advance Directives not only include a Living Will, but also a Medical Power of Attorney. 

This means that Advance Directives include not only your treatment preferences, but also give authority to the person you choose to make medical decisions on your behalf. 

Living Will Sample

Before making your own document, it would be helpful to see a sample. Get an idea of what your document should look like with our Living Will example.

FAQs About Living Wills

If you still have doubts about how to create your own Living Will, don’t worry. We have information on the most common questions about this important legal document below.

How Much does a Living Will Cost?

Lawyer fees for a Living Will range anywhere from $200 to $1,000 depending on where you live. 

With LawDistrict you can benefit from a . It is simple to make, and you can do it at a much lower price than what a lawyer would ask. 

While you are planning for the future, don’t let cost get in the way of your peace of mind.

How to Make a Living Will Without a Lawyer

Once you know the preferences of healthcare that you want to include in your Living Will, you can use our expert legal guidance as well as create your own .

Living Will vs Living Trus

A Living Trust is more concerned with your possessions than your health. 

It is used to select a trustee to manage your assets if you become incapacitated. This person can then distribute your possessions after your death. 

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