Who can create a living will?

Generally, anyone who is at least 18 years old and of sound mind can create a living will. In this context, "sound mind" usually means the ability to understand what the living will is, what it contains, and what it does.

When does a living will take effect?

A living will becomes effective when your primary physician decides that you can no longer make your own healthcare decisions. If you are ill or injured and cannot express your healthcare wishes, and your doctor certifies this fact in writing, your living will takes effect.

How will my doctor decide that I can't make decisions for myself?

There is variation from state to state, but doctors tend to evaluate the following types of factors in determining whether or not you can make decisions for yourself:

• Whether you can understand what the doctor is telling you and the consequences of any decision you make;
• Whether you can make a decision based on the doctor's information; and
• Whether you can tell your doctor what you've decided. This doesn't have to be verbal communication. Any expression of your desires will be sufficient (including a nod or other acknowledgment).

After your doctor has made this determination, most states require this decision be explained in writing before any medical treatment decision can be made.