• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    • Business Formation
      • LLC Operating Agreement
      • Articles of Incorporation
      • Shareholder Agreement
      • Partnership Agreement
      • Business Purchase Agreement
      • Joint Venture Agreement
      • Single-Member LLC Operating Agreement
    • Business Operations
      • Letter of Intent
      • Non-Disclosure Agreement (NDA)
      • Non-Compete Agreement
      • Invoice Template
      • Purchase Order
      • Hold Harmless Agreement
      • Release of Liability Form (Waiver)
      • Buy-Sell Agreement
      • Construction Contract
      • Licensing Agreement
    • Employment
      • Independent Contractor Agreement
      • Employment Contract
      • Freelance Contract
      • Leave of Absence Letter
      • Leave of Absence Agreement
      • Resignation Letter
    • Cease and Desist Letter
      • Copyright Infringement
      • Debt Collection
      • Defamation
      • Harassment
      • Trademark Infringement
  • Real Estate Forms
    • Lease Agreements
      • Lease/Rental Agreement
      • Sublease Agreement
      • Room Rental Agreement
      • Month-to-Month Lease Agreement
      • Commercial Lease Agreement
      • Short Term Lease Agreement
      • Land Lease Agreement
      • Lease Renewal
      • Lease Amendment
    • Lease Termination Letter
      • Eviction Notice
      • Notice to Vacate
      • Early Lease Termination Letter
      • Late Rent Notice
    • Deeds & Property
      • Warranty Deed
      • Mortgage Deed
      • Quitclaim Deed
      • Deed of Trust
      • Mechanic’s Lien
      • Property Management Agreement
    • Rental Application
    • Real Estate Purchase Agreement
    • Employment Verification Letter
  • Estate Planning Forms
    • Power of Attorney
      • Medical Power of Attorney
      • Durable Power of Attorney
      • Revocation of Power of Attorney
    • Wills
      • Living Will
      • Last Will and Testament
      • Codicil to Will
    • Advance Directive
    • Living Trust
    • DNR Form
  • Finance Forms
    • Loans
      • Promissory Note
      • Loan Agreement
      • IOU
      • Demand For Payment Letter
    • Bill of Sale
      • Vehicle Bill of Sale
      • Boat Bill of Sale
      • Firearm Bill of Sale
      • Horse Bill of Sale
      • Trailer Bill of Sale
    • Sales & Purchases
      • Sales Agreement
      • Purchase Agreement
      • Gift Affidavit
      • Stock Purchase Agreement
  • Personal/Family Forms
    • Affidavits
      • Affidavit of Death
      • Affidavit of Domicile
      • Affidavit of Heirship
      • Affidavit of Identity
      • Affidavit of Residence
      • Affidavit of Service
      • Affidavit of Title
      • Financial Affidavit
      • Gift Affidavit
      • Small Estate Affidavit
    • Marriage
      • Divorce Agreement
      • Prenuptial Agreement
      • Cohabitation Agreement
      • Separation Agreement
      • Postnuptial Agreement
    • Child & Pet Forms
      • Child Medical Consent
      • Child Travel Consent Form
      • Child Custody Agreement
      • Pet Care Agreement
    • Medical Records Release Form
  • Resources
    • All Legal Documents
    • Article Categories
      • Business
      • Estate Planning
      • Financial
      • Personal & Family
      • Real Estate
  • Help
    • Email Us
    • Contact Us
    • About Us
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out
  • Help
    • Contact Us
    • Email Us
    • About Us
    • (855) 335-9779 Monday-Friday, 10AM - 6PM EDT
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out

Home Resources Estate Planning Advance Directive vs Living Will

Advance Directive vs Living Will

Mollie Moric

Published August 13, 2019 | Written by Mollie Moric

Unsure about the difference between advance directives and living wills?

Both documents address life-and-death decisions, but how do you choose the right one to represent your unique needs?

Don’t worry, by the end of this article, you’ll be ready to confidently draft the appropriate advance care planning document(s) to outline your wishes.

Living Will vs Advance Directive

First and foremost, an advance directive is a set of legal instructions that guide your medical care in the event you’re unable to make decisions during a time of illness or injury.

What’s the Difference Between an Advance Directive and Living Will?

A living will is one type of advance directive, which specifically focuses on life-sustaining measures as well as end-of-life treatments.

Other types of advance directives offer additional options, such as being able to appoint a healthcare agent to make decisions on your behalf. However, if you wish to dictate your preferences regarding life-sustaining treatments, you’ll need to complete additional documents such as a do-not-resuscitate order or living will separately.

Alternatively, some advance directives cover a wide variety of advance care planning options so that you only need to complete one form.

In other words, living wills and advance directives can overlap in terms of function, and are often referred to synonymously.

Each state has its own unique legislation governing advance directives. So, there is no one-size-fits-all definition for advance directives or living wills that is valid in every state.

Moreover, in most states, there is no designated format outlining what must be covered in a living will and advance directive. Therefore, people are free to use forms provided by their state, drafted by a lawyer, or even created independently.

Before you decide to complete your own, you should consult the laws governing the creation, revocation, and validity in the state where you’d like to execute your advance directive.

Estate planning documents can be confusing. Let us help you understand the difference between a Living Will and Last Will and Testament.

What is an Advance Directive?

An Advance Directive is a collection of legal forms that allow you to outline your health care preferences as well as appoint an agent to make medical decisions on your behalf in the event you become incapacitated.

Situations that may lead to a patient being declared medically incapacitated include:

  • Strokes
  • Comas
  • Dementia
  • Terminal Illnesses
  • Severe Injuries

In most cases, advance directives come into effect only once a physician declares you incompetent and therefore unable to make your own decisions.

An advance directive provides instructions on the type of treatment you want (and don’t want) to receive based on your condition. You can define your preferences regarding life-sustaining efforts, mechanical ventilation, cardiopulmonary resuscitation, artificial nutrition, surgeries, medication, treatments, and more with an advance directive.

Types of Advance Directives

The most common advance directives are a living will and medical power of attorney. However, there are several other types as well.

Below is a breakdown of the different types of Advance Directives enforceable throughout the United States (depending on your particular state of residence).

  • Medical Power of Attorney: allows you to appoint someone you trust to make decisions and advocate for your medical care when you’re unable to do so yourself.
  • Do Not Resuscitate: instructs medical professionals not to administer cardiopulmonary resuscitation (CPR) if your heart stops beating or you stop breathing.
  • Organ and Tissue Donation: indicates your desire to donate anatomical gifts in the event of your death, and specifies which tissues and organs you wish to donate.

What is a Living Will?

A living will is a type of Advance Directive that outlines your preferences regarding life-sustaining procedures and end-of-life medical treatment. A living will typically takes effect if you are in a state of permanent unconsciousness, your terminal illness progresses to the point of incapacitation (as determined by medical professionals), or you sustain a mortal injury and are unable to express your wishes.

Additionally, a living will specifies whether or not you want your life to be prolonged, what measures you want taken to keep you alive, as well as pain management, organ donation, refusal of medical care, and other medical preferences. It also allows you to specify any religious beliefs you would like observed that may prohibit life-sustaining procedures.

In times of crisis, disagreements can arise when loved ones feel a loss of power. Read our article and learn how to prevent family fights over powers of attorney.

Why Living Wills and Advance Directives Are Essential

Without a completed and legally-binding living will and advance directive in effect, you and your loved ones may not have control over your medical and end-of-life care in the event you become incapacitated.

Healthcare professionals will also be unable to respond to you quickly in a time of crisis. Medical treatments that conflict with your beliefs may then be used without your consent — resulting in prolonged pain and suffering.

Furthermore, your loved ones will inevitably face the emotional burden of making life and death decisions on your behalf if you’re incapacitated and unable to communicate your wishes. Without an appointed healthcare agent, disagreements may occur, and physicians may not know which of your loved ones should get the final say regarding how to proceed with your medical treatment.

Completing a living will and advance directive allows you to take control of your future medical care and reduce suffering for you and your friends and family.

Mollie Moric

Mollie Moric

Staff Writer

Mollie Moric is a staff writer at Legal Templates. She translates complex legal concepts into easy to understand articles that empower readers in their legal pursuits. Her legal advice and analysis...

Related Articles

  • Preventing Family Feuds After Power of Attorney
  • Living Will vs Will: What is the Difference?
  • Protecting Yourself from a “Powerless” Power of Attorney
  • Having a Digital Executor in Your Will is More Important Than Ever
  • What is a Living Will?

In This Article

  • Living Will vs Advance Directive
  • What is an Advance Directive?
  • What is a Living Will?
  • Why Living Wills and Advance Directives Are Essential

Legal Documents

  • All Legal Forms
  • Bill of Sale Forms
  • Quitclaim Deed
  • Cease and Desist
  • Last Will and Testament
  • Articles of Incorporation

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Business
  • Estate Planning
  • Financial
  • Personal & Family
  • Real Estate

Company

  • Home
  • Pricing
  • Blog
  • About Us
  • Contact Us
  • Partner With Us

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
  • Cookie Preferences
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 10AM - 6PM EDT

Facebook Twitter LinkedIn

Copyright 2021 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use.