What is a Living Will?

Most people have heard the term “living will,” but are not quite sure what it actually does. Is it the same as a regular will? Does it have anything to do with your money or property? The answer to both is no. A living will is a completely different kind of document, and it serves a very specific purpose that a regular will cannot.

If you have ever wondered what a living will is, how it works, or how it compares to other end-of-life documents like a DNR or a POST form, this guide will walk you through all of it.

What Is a Living Will?

A living will is a legal document that records your medical wishes for situations where you cannot speak for yourself. In Idaho, it is also called an Advanced Healthcare Directive. Despite the name, it has nothing to do with your assets, your bank accounts, or who gets your belongings when you die. It is entirely focused on your healthcare.

Think of it as a set of instructions to your doctors and your family. It tells them what kind of medical treatment you want or do not want if you become unable to communicate your wishes. That could mean you are unconscious, or that a mental disability or illness prevents you from understanding your condition and making decisions.

A living will is not automatically in effect the moment you sign it. It only becomes relevant under very specific circumstances, and it is your physician who decides whether those circumstances exist.

When Does a Living Will Actually Apply?

There are three conditions that must all be present before your living will becomes operative. Your doctor makes this determination, not your family.

You have a terminal condition, meaning an illness or injury that will lead to your death and has no real hope of recovery.
Your death is imminent, meaning you will die within a short period of time unless life support systems are keeping you alive artificially.
You are personally unable to communicate with your physician about your treatment. This includes being unconscious or having a mental condition that prevents you from understanding your situation.

All three of these conditions must be met. A living will does not apply just because you are seriously ill or injured. For example, imagine a 46-year-old woman who is brought to the emergency room after a heart attack and goes into cardiac arrest. In every other way, she is healthy. Even if she has a living will that says she does not want to be kept alive artificially, that document has no bearing on the care she receives in that moment. Cardiac arrest is not necessarily a terminal condition, so her doctors should do everything possible to save her life.

This is an important distinction. A living will gives your doctors room to interpret your health situation. It is not a binding medical order, the way a Do Not Resuscitate order is.

What Are Your Options in a Living Will?

When you create a living will, you are typically given a range of choices about the kind of care you want to receive. These choices exist on a spectrum, from the most aggressive intervention to allowing a natural death. No matter which option you choose, your care team will always keep you comfortable and as free from pain as possible.

Here is a general overview of the three main options:

Keep me alive by all available means. This directs your medical team to do everything possible to sustain your life, including food, water, and any life-sustaining procedures available.
Provide basic comfort, food, and water, but do not use extraordinary measures to prolong my life. This is a middle-ground option that ensures you are cared for without aggressive intervention.
Allow me to die naturally. This instructs your medical team to stop all artificial life support, including food and water administered through medical equipment, while keeping you pain-free and comfortable.

There is no right or wrong answer here. These are deeply personal decisions, and an estate planning attorney can help you think through what matters most to you before you make them.

How a Living Will Differs from a DNR and a POST Form

One of the most common points of confusion in end-of-life planning is that people treat all of these documents as if they are the same. They are not. A living will, a Do Not Resuscitate order, and a Physician Order for Scope of Treatment form each fill a different role and are used in different situations.

What Is a DNR?

A DNR, or Do Not Resuscitate order, is a legal order that tells emergency medical technicians and treating physicians to withhold cardiopulmonary resuscitation and advanced cardiac life support. It is written either in a hospital setting or on a specific legal form.

A DNR is much more immediate and specific than a living will. It is limited to one type of intervention: resuscitation. It does not stop other treatments. A person with a DNR can still receive chemotherapy, antibiotics, intubation for other purposes, and any other care they need. It is entirely possible to have both a living will and a DNR at the same time, because they cover different situations.

What Is a POST Form?

A Physician Order for Scope of Treatment form, commonly called a POST form, is different again. It is a set of medical orders written for patients who are typically expected to die within a year or less. It is signed by a treating physician, a physician’s assistant, or a nurse practitioner.

A POST form is more detailed and specific than a living will. It is created after the patient has a thorough conversation with their doctor about their prognosis, their personal values and goals, the treatment options available to them, and the potential benefits and downsides of each option. Based on that conversation, the patient and doctor work together to decide what goes into the form.

POST forms are becoming more common over time. Many living will documents now include a section asking whether the person also has a POST form, because the two can be used together as part of an overall treatment plan.

Why the Differences Matter

Understanding these three documents matters because each one is designed for a different set of circumstances. Using the wrong document or assuming they all do the same thing can lead to real problems. No two people have the same health situation, and no two end-of-life plans should look exactly alike. Working with an attorney helps make sure the documents you choose actually match your wishes.

A Living Will Is a Gift to the People You Love

Thinking about what happens when you can no longer speak for yourself is not easy. Most people put it off for that very reason. But not having a living will does not mean those decisions go away. It means someone else has to make them, usually your family, under enormous emotional pressure and without any guidance from you.

The case of Terri Schiavo is a well-known example of what can happen without one. In 1990, Terri suffered a heart attack that left her in a persistent vegetative state. She was kept alive by a feeding tube for years. In 1998, her husband went to court to have the feeding tube removed, believing it was not what she would have wanted. Her parents disagreed. What followed was a seven-year legal battle that reached Congressional hearings before the feeding tube was finally removed in 2005. Terri passed away 13 days later. None of it was necessary. A living will would have made her wishes clear and spared her family years of conflict and grief.

That is what a living will really does. It takes an impossible decision off the table for the people who love you most. It gives them peace of mind and prevents the kind of family conflict that can last long after a person is gone.

Talk to an Estate Planning Attorney About Your Living Will

A living will is one part of a complete estate plan. It works alongside other documents like a healthcare power of attorney, a last will and testament, and potentially a DNR or POST form to make sure your wishes are known and respected at every stage of life.

If you do not have a living will, or if you are not sure whether the one you have still reflects your current wishes, now is a good time to take a closer look. The team at Johnson May helps individuals and families create estate plans that are built around their specific needs and circumstances. Reach out today to schedule a consultation and get started.

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What is a Living Will?