Free Living Will Form

Name: Living Will
Brand: LawDistrict
Rating: 4.6 (12561 reviews)

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.

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Last Update October 30th, 2025

Reviewed by Vicki Cook

Also Known As

Advance Healthcare Directive

Medical Power of Attorney

Health Care Proxy

Advance Medical Directive

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Table of Contents:

What Is a Living Will?
What Should You Include in Your Living Will?
How To Make a Living Will
Living Will Statutory Laws by State
How To Write a Living Will
What Is the Difference Between a Living Will and a Will?
Advance Directive vs Living Will
Living Will Sample
Related Estate Planning Documents
FAQs About Living Wills

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 [1].

There may be a moment when you become incapacitated and cannot make 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 specific medical treatments. What that means for you is that doctors and other health care providers will know whether to perform any life-saving procedures or not.

What Should You Include in Your Living Will?

There are different decisions regarding advance care planning and 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 medical attention or life-sustaining treatment.

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 have a terminal condition or 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.

Documenting your desire for organ or tissue donation, and planning for funeral arrangements is also recommended [2].

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, 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 any other preferences for end-of-life care
Further instructions: List any other instructions, such as other terminal illness 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 Advance Directives and Living Wills 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 Care Directives include not only your treatment preferences but also give authority to the health care proxy you choose to make medical decisions on your behalf [3].

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.

PDF WORD

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.

Living Will vs Living Trust

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

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

How To Make a Living Will Without a Lawyer

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

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.

Our free Living Will template provides a cost-effective and solid foundation for your legal journey.

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

You are only a few steps away from your own Living Will!

Download our professional examples

PDF WORD

Preview of your Living Will

Texas LIVING WILL

Principal's Information

Principal's Full Name: _________
Date of Birth: _________
Address: _________
Telephone number: _________
Email address: _________

The Principal is completing this form in Texas.

Effectiveness

This medical power of attorney takes effect immediately.

Limitations Of The Decision-Making Authority Of My Agent

My agent shall have the following limitations:

_________

Provision of Life-Sustaining Procedures

If in the judgment of my physician, I am suffering from a terminal condition from which I am expected to die within six months, even with the available life-sustaining treatment provided in accordance with prevailing standards of medical care, I request that I be kept alive in this terminal condition using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE)

IF IN THE JUDGMENT OF MY PHYSICIAN, I AM SUFFERING FROM AN IRREVERSIBLE CONDITION SO THAT I CAN NOT CARE FOR MYSELF OR MAKE DECISIONS FOR MYSELF AND AM EXPECTED TO DIE WITHOUT LIFE-SUSTAINING TREATMENT PROVIDED IN ACCORDANCE WITH PREVAILING STANDARDS OF CARE, I REQUEST THAT I BE KEPT ALIVE IN THIS IRREVERSIBLE CONDITION USING AVAILABLE LIFE-SUSTAINING TREATMENT. (THIS SELECTION DOES NOT APPLY TO HOSPICE CARE)

Prior Designation Revoked

I revoke any prior medical power of attorney.

Safekeeping the document

The original of this document is kept at:

Name/Institution: _________
Address: _________
Telephone Number: _________
Email address: _________

The following individuals or institutions have signed copies of this document:

Name/Institution: _________
Address: _________
Telephone Number: _________
Email address: _________

Name/Institution: _________
Address: _________
Telephone Number: _________
Email address: _________

Duration

I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent continues to exist until the time I become able to make health care decisions for myself.

This power of attorney shall end upon my death.

DISCLOSURE STATEMENT

THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

Except to the extent you state otherwise, this document gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. Because "health care" means any treatment, service, or procedure to maintain, diagnose, or treat your physical or mental condition, your agent has the power to make a broad range of health care decisions for you.

Your agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion. A physician must comply with your agent's instructions or allow you to be transferred to another physician.

Your agent's authority begins when your doctor certifies that you lack the competence to make health care decisions.

Your agent is obligated to follow your instructions when making decisions on your behalf. Unless you state otherwise, your agent has the same authority to make decisions about your health care as you would have if you were able to make health care decisions for yourself.

It is important that you discuss this document with your physician or other health care provider before you sign it to make sure that you understand the nature and range of decisions that may be made on your behalf. If you do not have a physician, you should talk with someone else who is knowledgeable about these issues and can answer your questions. You do not need a lawyer's assistance to complete this document, but if there is anything in this document that you do not understand, you should ask a lawyer to explain it to you.

The person you appoint as agent should be someone you know and trust. The person must be 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed. If you appoint your health or residential care provider (e.g., your physician or an employee of a home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to choose between acting as your agent or as your health or residential care provider; the law does not allow a person to do both at the same time.

You should inform the person you appoint that you want the person to be your health care agent. You should discuss this document with your agent and your physician and give each a signed copy. You should indicate on the document itself the people and institutions who have signed copies. Your agent is not liable for health care decisions made in good faith on your behalf.

Once you have signed this document, you have the right to make health care decisions for yourself as long as you are able to make those decisions, and treatment cannot be given to you or stopped over your objection. You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing, or by your execution of a subsequent medical power of attorney. Unless you state otherwise, your appointment of a spouse is revoked if your marriage is dissolved, annulled, or declared void.

This document may not be changed or modified. If you want to make changes to the document, you must execute a new medical power of attorney.

You may wish to designate an alternate agent in the event that your agent is unwilling, unable, or ineligible to act as your agent. If you designate an alternate agent, the alternate agent has the same authority to make health care decisions for you.

THIS MEDICAL POWER OF ATTORNEY IS NOT VALID UNLESS:

1. YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; OR
2. YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.

THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:

1. The person you have designated as your agent.
2. A person related to you by blood or marriage.
3. A person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law.
4. Your attending physician.
5. An employee of your attending physician.
6. An employee of a health care facility in which you are a patient if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.
7. A person who, at the time this power of attorney is executed, has a claim against any part of your estate after your death.

By signing below, I acknowledge that I have read and understand the information contained in the above disclosure statement.

I sign my name to this medical power of attorney on this ____________ at ____________, Texas.

__________________________
_________

STATEMENT AND SIGNATURE OF WITNESSES

I am not the person appointed as agent by this document. I am not related to the principal by blood or marriage. I would not be entitled to any portion of the principal's estate on the principal's death. I am not the attending physician of the principal or an employee of the attending physician. I have no claim against any portion of the principal's estate on the principal's death. Furthermore, if I am an employee of a health care facility in which the principal is a patient, I am not involved in providing direct patient care to the principal and am not an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.