What Is a Living Will, and Do You Need One?

A living will is a legal document that explains what types of life-prolonging medical procedures you want or don't want should you become incapacitated. It is usually drafted in connection with a durable power of attorney for health care, which lets you name a person older than 18 to act as your patient advocate and carry out your medical wishes if you are unable to.

This duo of documents are known as "advance directives." Advance directives let you stay in charge of your medical care even when you are too sick to express your wishes. The "Durable Power of Attorney for Health Care" says whom you want to entrust with making your healthcare decisions if you are unable to. The living will says what types of healthcare you want or do not want if you are unable to say so yourself. Both documents are used only when a person is gravely ill and unable to participate in medical decision-making.

The classic example is what happens if you are in a permanent coma or "vegetative state." If you have a living will, it might say you do not want to live in a permanent unconscious state. You can use your living will to tell doctors and loved ones of your wish to have life support discontinued in that case. Conversely, you could use the living will to say that you want to be kept alive no matter what it takes.

A living will helps your loved ones

It is not pleasant to think about the details of one's death. However, if you do not, you risk putting a loved one in the difficult position of making medical decisions for you without knowing what you want. Living wills are very specific. You can say if you want artificial fluids put into your veins to keep you from becoming dehydrated. You may decide if you want artificial nutrition, generally a tube into your stomach for nutritious liquids. Maybe you do not want to be on a ventilator to keep you breathing. You may want to say what should happen if your heart stops. Do you want CPR, or do you want to die a natural death based on your disease or illness? Do you want to donate your organs?

More articles from AllBusiness.com:

• What Happens to Your Small Business When You Die?
• Protect the Future of Your Small Business With Life Insurance—Yes, Life Insurance
• How To Protect Your Small Business During a Divorce
• 10 Frequently Asked Questions About Life Insurance
• Top 10 Mistakes When Setting Up a Living Trust

A lawyer can draw up a living will for you, but you can also do it yourself. Each state has a form and instructions readily available online. The forms allow you to fill in the blanks and check boxes for your specific wishes. Laws vary from state to state as to the need for witnesses, how many witnesses, the need for a notary, etc. Laws also vary regarding whether one state will recognize a form from another state. All states agree that you can change your mind at any time by making a new form.

Copies of the living will should be given to all of your doctors and all hospitals you patronize. You should also give a copy to whoever will be making medical decisions for you if you are unable. That person needs to know where the original is kept. The original should be stored in a safe place.

Shortcomings of living wills

Despite planning, the living will has some shortcomings. The document is often not present for medical emergencies, so treatments may be started against your wishes. For instance, some states have laws that say ambulance crews must attempt resuscitation (CPR) if they are called. Your doctor, on a personal moral basis, may disagree with decisions you made in your living will. Some states allow the doctor not to perform procedures that offend his or her morals. An example would be "pulling the plug" or stopping life support, knowing that the person will die without it.

The making of advance directives is an important step in being sure your end-of-life wishes are known. Making a living will is an easy and straightforward process using standard forms and directions from your state. It is free. You can change your mind anytime. A living will can save your loved ones from painful guessing in times of trouble. Most of all, a living will gives peace of mind to you, your doctors, and your loved ones that they are doing what you would want.

How to make a living will without a lawyer

Look online for sample living wills and durable powers of attorney for health care for your state. Many state bar associations have them for free.

RELATED: Why You Need a Will