Do I Need a Living Will?
When people think about estate planning, they often picture a Last Will and Testament, the document that directs how property is distributed after death. But an equally important part of planning for the future involves making decisions about your care while you’re still alive. That’s where a Living Will comes in.
What Is a Living Will?
A Living Will is a legal document that spells out your wishes for medical treatment if you’re unable to communicate or make decisions for yourself. It typically addresses things like:
Whether you would want life-sustaining measures such as a ventilator or feeding tube
Preferences for CPR, resuscitation, or artificial hydration
Pain management and comfort care options
Organ donation preferences
This document comes into play only if you are incapacitated — for example, after a serious accident or during a terminal illness.
How It Differs From a Health Care Power of Attorney
At Leslie Copeland Law & Mediation, every estate plan we prepare includes a Health Care Power of Attorney. This document names a trusted person (your “agent”) to make medical decisions on your behalf if you can’t do so yourself.
A Living Will is optional. It provides written instructions to help guide your agent and your medical providers. If you don’t have a Living Will, your agent will make the best decisions they can for you based on the circumstances and what they believe you would want.
However, if you already know your preferences, for example, that you would not want to be kept on life support long-term, a Living Will is a wise addition. It removes uncertainty and ensures your wishes are clearly known.
Why It Matters
Without a Living Will or designated agent, your loved ones may be left guessing what you would have wanted. This can lead to confusion, guilt, and even family conflict at a time when emotions are already high.
Having these documents in place gives everyone clarity and peace of mind. It ensures that your values guide your care, not assumptions or disagreements.
Who Should Have One
Anyone over the age of 18 can benefit from having both a Health Care Power of Attorney and (if desired) a Living Will. Accidents and unexpected illnesses can happen to anyone — not just older adults. Putting these decisions in writing now protects you later.
How to Get Started
Our estate planning process makes it simple. We’ll walk you through your options, discuss your medical care preferences, and prepare the documents you need to make your wishes legally enforceable.
If you’ve been meaning to get your affairs in order, there’s no better time to start. A Living Will may be optional — but the peace of mind it provides is invaluable.