Living Will
A Living Will (Directive to Physicians and Family or Surrogates) instructs your doctor what your preferences are relating to life sustaining treatments when you can no longer speak for yourself. This directive will take effect only when you are in the terminal phase of an illness and unable to make medical decisions for yourself.
You may sign the living will form if you are at least 18 years old, of sound mind and acting on your own free will. Parents may complete a living will for children younger than 18 years of age.
You can complete a living will with MD Anderson by filling out the living will form and uploading it into MyChart or by doing it on the Koda platform. Learn more about Koda.
If you sign a living will, talk about it with your doctor, and ask that a copy be made part of your medical record.
Oral Directives
You may tell your doctor your wishes if you are unable to sign a written directive.
Witnesses
Written or oral directives must be witnessed by two individuals. A notary is not necessary. The following persons may not act as witnesses:
- The person you have designated as your agent
- A person related to you by blood or marriage
- A person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law
- Your attending physician
- An employee of your attending physician
- An employee of a health care facility in which you are a patient if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility
- A person who, at the same time this power of attorney is executed, has a claim against any part of your estate after your death
You can change your Living Will at any time.
What is a Living Will?
A Living Will is a legal document that allows you to specify which types of medical care you’d like, if a situation ever arises in which you cannot communicate these wishes for yourself. Sometimes called a “Directive to Physician,” it is one of three legal documents collectively known as Advance Directives in the State of Texas.
But how specific does a Living Will get? Do you need anything special to complete one? And which people should have a copy of it, once you’ve drafted a Living Will?
Read on for the answers to these questions and more.
How detailed do Living Wills get?
A Living Will can be as simple or as detailed as you want it to be. Some get really granular, but not the one we use. It’s based on the sample form provided by the State of Texas.
The form itself has two sections. The top section asks you to indicate what you would want in the event of the following scenarios:
- A terminal illness: a fatal condition that’s expected to cause your death within six months
- An irreversible condition: one that will never improve and you are not expected to recover from
The bottom section has a blank space in which you can spell out more specific wishes, such as whether or not you want IV nutrition or an artificial respirator.
Some people don’t feel comfortable putting anything like this down on paper. Others want to document everything so that their caregivers won’t have to endure the burden of not knowing what they want. And still others fall somewhere in between.
That’s why I encourage everyone to sit down and at least think about what they really want. Then, if you don’t want to put it all down in writing, have an open and honest conversation about it with your doctors and loved ones, so your wishes can be honored if and when the time comes.
Just knowing what you really want can lift so much guilt from the shoulders of your caregivers and family members. And, if ever they need to make those stressful decisions, that knowledge alone can bring them a lot of relief.
Who can help me create a Living Will?
Almost anyone can help you fill out a Living Will. You can even do it on your own, using a form printed off the internet. But every state has different rules about what makes it an official legal document. In Texas, you’ll either need to have your Living Will notarized or witnessed by two people who are both:
- unrelated to you by blood or marriage
- not directly involved in your medical care
So, nobody on your care team — including doctors, nurses, physician assistants, physical therapists, and phlebotomists — can act as a witness. But if you’re an MD Anderson patient, a social work counselor can help you complete the form and either find eligible witnesses or locate a public notary to make it official.
Who should get copies of my Living Will?
The most important person to give a copy of your Living Will to is your medical decision-maker. If you’re married, that’s typically your spouse, though it can be another person if you wish. If you’re not married and you’ve filled out a medical power of attorney form, it’s the person you’ve authorized to make medical decisions on your behalf, should you ever become incapacitated.
It’s also a good idea to provide copies of your Living Will to your medical team, as well as any other loved ones directly involved in your care. This allows them to honor your wishes and give you the dignity and respect you deserve, while also preventing confusion and disagreements about what you might want.
Are there any drawbacks to a Living Will?
One is that they can sometimes be difficult to understand for families with little to no medical experience. Our form here at MD Anderson has legal definitions on the back to explain what unfamiliar terms mean, but it can still be hard for people to grasp.
The other is that these forms can be very broad and not get into as much detail as you might like. There are several others out there that use much simpler language and allow you to specify things like who you’d want in the room with you at the time of your death. But they’re not considered legally binding or accepted here in Texas as stand-alone documents.
That’s why it’s so important to talk to your medical decision-maker about your wishes.
What’s the difference between a Living Will and a regular will?
A Living Will is a guide for the people involved in your medical care to know your wishes if you’re unable to make decisions or communicate them yourself.
A last will and testament is a legal document that specifies what should happen to your money, property and possessions after you die.
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