How to Make a Living Will Without a Lawyer
Feeling overwhelmed by the thought of making a living will without a lawyer? Discover what I wish I knew before letting financial concerns hold me back. Making a living will without the assistance of a lawyer is completely possible, especially if you have limited funds. Here’s a simple and cost-effective way to create your living will:
Understanding the Basics of a Living Will
A living will, also known as an advanced directive, allows you to specify what kind of medical treatment you do or do not want if you are unable to make decisions for yourself. This typically includes decisions about:
Whether or not you want life-sustaining treatments (e.g., ventilators, feeding tubes)
Whether you want resuscitation if your heart stops
Your preferences for organ donation
Research Your State’s Requirements
Each state has its own rules for what needs to be included in a living will and may offer a free form you can use. Here’s how to find research the requirements:
State Health Department Websites: Most states provide a free, downloadable form for creating a living will on their official health department or government websites. Look for terms like “advance directive” or “living will” on the site.
Online Resources: Websites like AARP, LegalZoom, and others provide free or affordable templates for living wills. These forms typically meet state legal requirements.
Decide What You Want to Include
Think about what medical treatments you want (or don't want) in various situations, such as:
Life-Sustaining Treatments: Do you want a ventilator if you can’t breathe on your own?
Resuscitation: Do you want CPR if your heart stops?
Pain Management: Do you want to receive pain relief, even if it might hasten death?
Organ Donation: Would you like to donate your organs or tissues?
Write these decisions down in clear, simple language.
Use a Free Template or Form
After reviewing all the resources, select a free template or form that corresponds to your state. As mentioned, many websites offer free, legally compliant templates. Some well-known resources include:
AARP: They offer this free downloadable living will form. State Health Department Websites: Many provide state-specific advance directive forms, which you can print and fill out yourself. For those of you who are located in Texas, here is the Texas form.
Fill Out the Form
Complete the form carefully by specifying your wishes about medical treatment in case you become unable to communicate.
Make sure your document is clear and unambiguous, as this will ensure that healthcare providers and loved ones understand your wishes.
Sign and Witness the Document
Most states require that you sign the living will in the presence of two witnesses or a notary public.
The witnesses generally cannot be your relatives, medical professionals, or people who stand to inherit from you.
If your state requires notarization, you can typically find a local notary at banks, post offices, or even online services for a small fee.
Store Your Living Will
Keep your living will in a safe but accessible place, such as with your medical records or organized in a file or binder where trusted family members can find it if needed.
Make copies and give them to important people in your life, such as your primary care doctor, family members, or anyone who might be involved in making healthcare decisions for you.
Review and Update Regularly
Your preferences might change over time, so it’s a good idea to review and update your living will periodically, especially after major life events (e.g., illness, new diagnoses, etc.).
No Need for a Lawyer
You don’t need to pay a lawyer to create a living will. By using free online resources and state-specific forms, you can ensure that your wishes are legally recorded without the added cost.
Get more helpful advice for end-of-life planning on my blog and Resources page.