Living Will

Living Will

A living will is a healthcare directive that provides instructions for limitations on life extending care. The living will can, for example, instruct that life extending care should not be granted when there is no reasonable chance for improvement. It can also dictate which treatments the principal wants or does not want.

A living will can also contain a provision usually known as a “healthcare proxy,” which designates another person to make healthcare decisions in the event of the incapacity of the principal.

The living will typically must be signed by the principal and witnessed, notarized or both, depending on the jurisdiction.

The ability to create an effective living will is protected under the Constitution, as the Supreme Court has ruled that determining what treatments one would like to receive or not receive is protected under the constitutional right to privacy.