Frequently Asked Questions

Question 1

What happens after I order my advance healthcare directive?

Accepted Answer

After completing your purchase, we’ll prepare your paperwork and it will typically be available for download within 2-3 business days so you can review and sign.

Question 2

When does my advance healthcare directive go into effect?

Accepted Answer

Your living will is effective upon signing, but your agent typically cannot act on your behalf until a licensed physician determines that you are unable to communicate your wishes.

Question 3

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

Accepted Answer

Doctors usually determine you've lost your decision-making ability if you can't understand your treatment choices or communicate your wishes in any way.

Question 4

Who can make a living will?

Accepted Answer

Generally, anyone who is at least 18 years old and of sound mind can create a living will. "Sound mind" usually means you have the ability to understand what the advance directive document is and what it contains.

Question 5

What do I write in a living will?

Accepted Answer

As you write your living will, consider including: 
What end of life medical treatments you would and wouldn't want 
Your preferences around comfort care, bodily donations, and posthumous decisions

Question 6

Does my living will include a do-not-resuscitate order (DNR)?

Accepted Answer

No. A living will does not include a DNR. A do-not-resuscitate order is a separate document prepared in consultation with and signed by your doctor. You can't create a DNR without a doctor's consent, and we don't provide them.

Question 7

Once I sign my advance healthcare directive, do I need to do anything else?

Accepted Answer

Yes. You should have a discussion with all interested parties to make sure they understand the wishes outlined in your healthcare directive. Consider sharing copies of your living will with: 
Your doctor and/or hospital 
Your healthcare proxy/healthcare agent 
Your immediate family 
You may also need to update your advance healthcare directive if your health or family status changes or if you want to name a new healthcare agent.

Question 8

What are the key components of a living will?

Accepted Answer

The key components of a living will may vary depending on your personal beliefs and the state law. But generally, the template for living wills includes: 
Medical treatment. Specify what type of life-sustaining treatment you do or don't want to receive, such as life support, feeding tubes, and resuscitation. 
End-of-life care. Provide instructions for end-of-life care, which include your wishes for pain medication or hospice care. 
Healthcare proxy. Name your healthcare proxy, or healthcare agent, who will make medical decisions on your behalf when you are unable to do so. 
Organ donation. Specify which organs can be donated and for what purpose. 
Religious or spiritual guidelines. Provide instructions for how you want your religious or spiritual beliefs to be respected and integrated into your medical care. 
Signature and witness. The living will must be signed and witnessed by at least two people, and some states require a notary public's seal.

Question 9

What is advance care planning?

Accepted Answer

Advance care planning is the process of preparing for future decisions related to your medical care if you become seriously ill or unable to communicate your wishes. This process can include completing legal documents, such as living wills, and having meaningful and candid conversations with your doctor and family members.

Question 10

What are advance directives?

Accepted Answer

Advance directive is another term for advance healthcare directive. The one we offer includes two legal documents: a healthcare power of attorney—also called a medical power of attorney—where you appoint someone to act on your behalf when you can't, and a living will where you outline your wishes for end-of-life care. An advance healthcare directive is often described the same way as a durable power of attorney for healthcare and living will.

Question 11

What is a durable power of attorney for healthcare?

Accepted Answer

It’s a legal document that’s part of an estate plan and that typically includes two parts: a healthcare power of attorney—also called a medical power of attorney—where you appoint someone to act on your behalf when you can’t, and a living will where you outline your wishes for end-of-life care. A durable power of attorney for healthcare is often used interchangeably with advance healthcare directive and living will.

Question 12

What is a healthcare proxy or healthcare agent?

Accepted Answer

A healthcare proxy or healthcare agent is someone legally appointed to make healthcare decisions on your behalf. They are legally bound to act in your best interests. 
You typically name your healthcare proxy in a living will. Your healthcare proxy is usually a family member or close friend. 
Some of the medical decisions your healthcare proxy can make on your behalf are:​ 
Which medical treatments you receive 
Where you receive your medical care​ 
Which doctors and medical professionals oversee your medical care 
Who takes care of your daily needs

Question 13

What is hospice care?

Accepted Answer

Hospice care specifically refers to the comfort care given at the end of life or after attempts to cure the patient's illness have been stopped. It is related to palliative care, but the main difference is that it can be provided to patients who aren't at the end of life—as is the case for hospice patients. Hospice care can be provided in the patient's home or in a facility such as a nursing home, hospital, or hospice center.

Question 14

What is life-sustaining treatment?

Accepted Answer

Life-sustaining treatment is any medical care meant to prolong life without the possibility of reversing the underlying medical condition. “Life support" is often used as a blanket term for life-sustaining treatment.

Question 15

Do I need a notary public?

Accepted Answer

Probably. Many states require your document to be notarized, but you should check with your state's laws for the proper way to sign your living will. It may involve a notary, witnesses, or both.

Question 16

What are some scenarios I should think through before creating my living will?

Accepted Answer

Use the following scenarios as a starting point and talk to your lawyer and doctor before finalizing your living will or any other advance directives. 
Breathing assistance. Mechanical ventilation is used when you are unable to breath for yourself. A ventilator helps you breathe and can sustain you for long periods of time. In your living will, you can specify if you want to be put on a ventilator and for how long. 
Supplemental feeding. Feeding tubes provide the body with essential nutrients when you're unable to feed yourself. In you living will, you can specify if you want supplemental feeding. 
Pain medications. Decide if there are any circumstances in which you do not want pain medication, including strong medications such as morphine. 
Hospice/palliative care. Also known as comfort care, this is meant to reduce pain and focus on comfort while your medical treatment continues. If you decide to prioritize comfort over treatment, you may wish to receive pain medication while foregoing aggressive treatments and invasive tests. 
Bodily donations. In a living will, you can declare whether you'd like to donate your organs, bodily tissues, or entire body. You can also indicate whether you want your body to be donated for scientific research purposes. 
Posthumous decisions. Choose what happens to you after you die so your caretakers and family members don't have to decide. While a living will mainly deals with medical treatment while you're still alive, it can also address what happens after you die. Your living will may grant consent for: 
An autopsy to determine the cause of death 
A cremation, burial, or another manner of handling your remains

Question 17

When should I create my living will?

Accepted Answer

Now. As long as you’re over 18, there is no reason to wait. You never know when life-changing events could occur.

Question 18

Should I use a living will form to create my living will?

Accepted Answer

Our living will documents were created by attorneys and have been accepted in all 50 states. 
For additional guidance, you may want help from an attorney experienced in this area of the law. Our network attorneys can ensure your living will: 
Meets all state requirements 
Matches your personal preferences 
While a living will form can be a helpful template for a living will, it doesn’t allow for much personalization and may require additional customization, legal advice, and a notary public to complete.

Question 19

What is palliative care?

Accepted Answer

Palliative care, also known as comfort care, is specialized medical care that focuses on the quality of life for the patient and their family. That means the patient is given special medical treatment meant to reduce pain and focus on comfort while their prescribed medical treatment continues. Unlike hospice care, the patient need not be at the end of life to receive these services.

Question 20

What is a declarant?

Accepted Answer

A declarant is the person that creates and signs the living will. Depending on the state, they may also be referred to as the principal.

Question 21

What is a principal?

Accepted Answer

A principal is the person that creates and signs the living will. Depending on the state, they may also be referred to as the declarant.

Question 22

What is Assist?

Accepted Answer

Assist is our legal guidance subscription service, which gives you unlimited 30-minute calls on new personal legal matters to vetted attorneys in our network. It is included in our Premium estate plan packages, where it also includes comprehensive estate plan review, as well as in our Premium healthcare directive package.

Question 23

Is a living will the same as an estate plan?

Accepted Answer

No, but a living will can be part of an estate plan. A living will is a single legal document that details your health care wishes should you become incapacitated or unable to communicate. An estate plan does more and includes additional documents such as a last will, living trust, or power of attorney.