Frequently Asked Questions

Question 1

Who can make a living will?

Accepted Answer

Generally, anyone who is at least 18 years old and of sound mind can create one. "Sound mind" usually means the ability to understand what the document is and what it contains.

Question 2

When does my living will go into effect?

Accepted Answer

Your living will takes effect when it's determined that you're in a severe medical condition defined by your state's law, with no hope of recovery, and unable to communicate your wishes. If you name someone to be in charge of your medical decisions unrelated to life support, the document goes into effect when you can't make decisions for yourself.

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

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

Accepted Answer

A living will spells out whether you want to be resuscitated in certain circumstances, but it's not 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 5

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

Accepted Answer

You should also have a discussion with your doctor, family, and health care agent to make sure they understand your wishes. You may also need to update it if your health or family status changes, or to name a new health care agent.

Question 6

What is Attorney Assist?

Accepted Answer

Attorney Assist (sometimes called Legal Advantage Plus) is our membership-based service that gives you access to a vetted network of attorneys licensed in all 50 states. You can schedule calls with an attorney to get your questions answered on estate planning and other legal matters, and get your documents reviewed.