Living Will Definition in Law Explained

Advance Health Care Directive Living Will Definition in Law Explained

Living Will Definition in Law—Explore This Legal Document With DoNotPay

If you don’t leave your clear wishes regarding medical treatments, your health care providers will have to make decisions on your behalf. This might not be in accordance with what you’d choose. Luckily, the solution is clear—create a living will.

Are you aware of the document’s content? Do you understand what you are creating? What is the living will definition in law? Learn all about it in this article.

Living Will Definition

A living will is defined as a type of advance directive that states your wishes about medical care if you are unable to communicate them. This document addresses many life-threatening treatments and procedures, such as:

  • Resuscitation
  • Ventilation
  • Dialysis

Doctors will consult a living will only if they determine that you are terminally ill or in a persistent vegetative state.

Who Can Create a Living Will?

Any person who is at least 18 years old has the right to make a living will and leave their instructions about medical treatments. It is also important that you are of sound mind when making this legal document.

How To Make a Living Will Legally Binding

If you want to make sure your living will is valid, you must follow your state's rules and requirements. To make this legal document enforceable, you will usually need to sign it in front of a:

  1. Witness (or two)
  2. Notary public

Some states require both options. You also need to check who can and cannot be your witness.

How Do You Make a Living Will?

You can create a living will in a few ways, but the cost of the process differs. The table below contains the required info:

How To Make a Living WillExplanation
Hire a lawyerWhile you will get a well-written document, this service will cost you a lot of money
Download a living will formIf you don’t have the sufficient legal knowledge to complete this task on your own, you will risk having a poorly written (and potentially unenforceable) document
Use DoNotPayIt is an option that provides you with the required end result while also saving you time and money

Before making a living will, you should consult with your doctor and loved ones. This will provide you with the necessary knowledge about medical procedures and support.

Have a Peace of Mind—Create a Living Will Using DoNotPay

Forget about customizing unreliable online forms. Our nifty product provides you with a straightforward way of creating a living will. We will make sure that it abides by your state’s laws and that all your wishes are included.

Here is everything you need to do:

  1. Sign up for DoNotPay
  2. Navigate to the Advance Health Care Directive feature
  3. Appoint your agent and decide what powers you want to transfer to them
  4. Include the names of people who will witness you sign the document

Should You Make a Medical Power of Attorney As Well?

Most states recognize a living will and medical power of attorney as separate documents, and you can choose between making one or both. In some parts of the country, the two documents are combined into one, known as a health care directive.

A medical power of attorney is used to designate a health care agent who will make medical decisions for you if you become incapacitated. This individual is usually a trustworthy spouse, adult child, or close friend.

A medical power of attorney is also called a:

  • Health care proxy
  • Health care power of attorney
  • Medical directive
  • Personal directive

You should keep in mind that, in some states, there is a difference between a health care proxy and a medical power of attorney.

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