Creating the most important end-of-life documents ensures your wishes are met and saves your loved ones from having to make difficult decisions. In many cases, having only a will or trust document does not cover many other important aspects of your end-of-life planning. Learning about the 11 most important end-of-life documents and their purposes can give you and your family peace of mind.
The Importance of End-of-Life Preparation
Nobody likes to think about what happens after they pass, but preparing for the end of life provides an extra layer of security for you and your loved ones. Creating these documents serves as a preemptive way to prevent issues and communicate your preferences while you have the physical and mental abilities to do so.
Consider what you want to happen as far as your medical care, estate assets, and funeral preparations are concerned. You can discuss these documents and options with family, doctors, advisors, and legal professionals.
Legal Templates’s library of templates makes it easy to find, customize, and download end-of-life documents. We offer official attorney-reviewed forms to protect your wishes and lighten the load for your loved ones. Start your 7-day free trial to access all the documents you need.
11 Important End-of-Life Documents to Have
End-of-life documents focus on your medical, financial, and personal plans and wishes. By preparing these important forms, you can rest easy knowing that you, your family, and your loved ones are covered in every situation.
1. Do Not Resuscitate (DNR) Order
A do-not-resuscitate (DNR) form, sometimes called “allow natural death” or “no-code,” states that you do not want to receive life-sustaining treatment in the event of cardiac or respiratory arrest. This form tells medical professionals to allow for a natural death instead of making efforts to restart your heart or perform CPR.
If you’re unsure about whether or not you wish to receive these treatments, you can talk to your physician about the differences between a physician order for life-sustaining treatment (POLST) and a DNR.
The serious situations surrounding the use of a DNR make it a sensitive legal document with strict guidelines. A binding DNR can only be signed by a physician or authorized medical professional, and the decisions in your document cannot be overridden by family members. It’s also important to have documentation of a DNR in your medical records.
You can wear a DNR bracelet or carry a card to alert emergency responders, but they also confirm your decision using an official recorded document.
2. Living Will
A living will outlines your wishes for medical care if you have a terminal illness and lose your ability to communicate. Having a living will put into place before any possible diagnoses means that your family can easily find and honor your wishes. A living will details your preferences for medical care, such as:
- tube feeding
- dialysis
- resuscitation
- comfort care and pain management
- mechanical ventilation
- organ and tissue donation
3. Medical Power of Attorney
A medical power of attorney appoints a healthcare agent to make medical decisions on your behalf. This agent can be a spouse, relative, friend, or lawyer. Consider proactively discussing your healthcare preferences with your agent.
With a medical POA, your agent can work with doctors to determine your treatment plans and make decisions for your care. This document gives your medical agent the ability to handle situations including:
- allowing or refusing surgeries, vaccines, and treatments
- authorizing pain management plans
- accessing your medical records
- approving feeding tubes or ventilators
4. Advance Directive
An advance directive is a broad document that includes and combines elements of both a living will and a medical power of attorney. By covering a wide range of medical scenarios and appointing a health care proxy, it protects your wishes and dictates your preferences for end-of-life care. You can meet with both medical professionals and lawyers to discuss the options for care and conditions you want to add to this document.
5. Organ and Tissue Donation
If you wish to donate your organs or tissue after your death, you need to register as an organ donor. You can become a donor through your state’s registry website, the National Donate Life Registry, or at your local DMV. Checking your registration and having documentation showing your donor status ensures your wishes get communicated to the correct parties.
Minors can register as organ donors with the proper consent.
6. Last Will and Testament
Your last will and testament dictates how you wish to distribute your assets after your passing. In a last will and testament, you appoint an executor and designate your beneficiaries. The executor manages your estate according to your wishes, and your beneficiaries inherit any assets that you dedicate to them without the required probate process.
You can customize your last will and testament to include special instructions or conditions for your beneficiaries. If any of your beneficiaries are minors, you can also establish and specify trusts for their inheritance. Your last will and testament also provides a good way to designate your spouse or unmarried partner as a beneficiary.
You can adjust the terms of your last will and testament using a codicil to will form.
7. Living Trust
A living trust works to place your assets in a trust and determines how they get divided. You can compare and select from the different types of trusts to find the one that best suits your preferences and situation. In addition, a revocable trust allows for amendments during your lifetime, while an irrevocable trust requires a court order or unanimous consent from the included beneficiaries.
A living trust differs from a last will and testament because it holds, protects, and distributes your assets during your lifetime. While a last will and testament only distributes assets after your passing, the living trust can be enacted at any time. The most common uses for a living trust include:
- handling a large or complex estate
- keeping your assets private
- managing your assets while incapacitated
- protecting assets from creditors or claims
Financial Power of Attorney
Appointing someone as an agent, attorney-in-fact, or proxy using a financial power of attorney (financial POA) allows them to act on your behalf to make financial decisions and manage your affairs. Your appointed agent has a legal obligation to act in your best interest. A financial POA gives your agent the authority to make decisions about things such as:
- property sales
- monetary investments
- paying bills
- handling bank accounts
9. Transfer-on-Death-Deed
A transfer-on-death deed allows you to leave real estate assets to your family members or loved ones. Having this deed prepared prevents the need for them to attend probate court before receiving their ownership. This deed lists the owner and the beneficiary of the property to ensure a proper transfer and has the added benefit of allowing you to keep your ownership during your lifetime.
A transfer-on-death deed takes priority over the established terms in your last will and testament.
10. Funeral Plan and Obituary
Planning your funeral and drafting a funeral plan and obituary eases the load and decisions placed on your loved ones after your passing. You can use this plan to set aside funds and provide resources such as an obituary. Preparing these materials also gives you control over your legacy and memorial and allows you to dictate your preferences for the service and burial arrangements.
11. Personal and Financial Records
Having your end-of-life documents properly prepared, filed, and organized increases the efficiency and ease with which your loved ones can handle your affairs. Maintaining and updating these documents regularly ensures they can be accessed in the case of a medical emergency or unexpected situation. Consider keeping a hard copy of the following items:
- account usernames and passwords
- retirement account plans
- property deeds and titles
- lists of bills, debts, and liabilities
You can easily create and customize the personal and financial records you need with Legal Templates’s extensive library of lawyer-approved forms.
What to Do After Preparing Your Documents
Once you have your documents prepared and organized, make sure you communicate any necessary information or steps to your loved ones, caretakers, and appointed agents. Have someone who knows where you keep these important items and who they should communicate with when needed. Also, ensure you review and adjust your documents often to reflect changes in your preferences or circumstances.
Frequently Asked Questions
Not having the proper documents can leave these difficult decisions up to your family or loved ones. Without plans made in advance, they may have to apply for a POA or undergo probate processes for transferring properties. Consider creating important end-of-life documentation as soon as possible so you can be prepared for the unexpected. You can also update these documents as necessary. No, you don’t need a lawyer or legal expert to create your living will. If you want extra security or to make changes to your living will, a lawyer may be able to help make the process easier.What happens if I don’t have end-of-life documents prepared?
When should I create end-of-life documents?
Do I need a legal professional to create a living will?
