Living Will Template

What is a living will template?

A living will template is a legal document that allows an individual to outline their preferences regarding medical treatment and end-of-life care in advance. The primary purpose of this document is to ensure that the principal’s health care decisions are respected in situations where they may become incapacitated or unable to communicate their wishes.

The parties involved in a living will are the principal and a health care representative or agent. The principal could be an individual who is 18 years of age or above and is willing to sign the document.

A health care representative is an individual or organization who will take care of the principal once they are unable to do so. The agent could be any person, including your spouse, physician, good friend, or neighbor. However, it is vital to check in advance state-by-state requirements to make sure that the laws of a particular state do not impose specific requirements for an agent’s appointment. For instance, in Wisconsin a spouse cannot remain a health care agent if the marriage has been annulled or terminated.

A living will template can be helpful for various life circumstances, for instance:

• when an individual has a terminal condition, followed by a long-term illness;
• severe accidents that led to partial or full incapacitation;
• age-related incapacitation, which makes a person unable to adopt medical and care decisions for themselves, etc.

While a living will is not a mandatory document, it is widely popular for a number of reasons. First, it guarantees that a person’s wishes are honored when they can no longer speak for themselves. Second, it gives confidence that any provided medical treatment is in line with their values, beliefs, and initial wishes. Finally, it offers strong legal and state protection of a person’s life and health once they are unable to properly safeguard themselves.

How to draft living will templates?

Drafting living will templates requires careful consideration of the principal’s healthcare preferences, selection of a qualified health care agent, and adherence to legal formalities. Below is a detailed guide on drafting living will templates:

Details of a Health Care Agent

Appointment of a health care agent is a critical component of a template for a living will. In the text of a document, a health care agent could be referred to in various ways, including as a health care proxy, advocate, health care surrogate, etc. However, despite the applied wording, the purpose of the agent remains the same—to execute a principal medical will once the principal is unable to do it.

The text of a document shall include the agent’s full name, address, and contact details like email or phone number. It is practically wise to appoint an alternative agent as well. That person will be in charge if the main agent cannot or does not want to perform their duties.

The legislation of certain states may require the principal to designate a guardian as well. This is a person who could be appointed by the court to look after the principal. Unlike a health care agent, a guardian has a wider scope of responsibilities. So if you are creating a living will template Maine, Delaware, New Mexico, Illinois, or Hawaii, do not forget to include the full name of a preferred guardian.

Duration

As a rule of thumb, the principal signs the living will indefinitely. It means that the document shall remain in force until the principal’s death. The principal has an indisputable right to revoke, modify, change, or amend the text of the will at any time.

Some states allow the principal to delegate the power to revoke, change, or modify the document to an appointed health care agent. Thus, if you are drafting a text living will template or living will template Ohio, you can delegate the right to revoke the document to your agent. We highly recommend giving careful thought to this decision for a number of reasons, including

• First, a living will is a set of a person’s wishes based on various factors, including beliefs, values, details of family relations, etc. A health care agent may not always be able to determine with certainty whether revoking or amending the will would fully reflect the principal’s original beliefs, values, and goals.
• Second, once you are unable to adopt medical decisions, your health care agent will do it for you. Therefore, if a health care agent makes decisions that do not correspond to your initial values and beliefs, you won’t be able to change them.

Medical Treatments and Care

The wording of every living will shall lay out the exact list of treatments to which the principal provides or does not provide their consent. Those treatments may include:

• life-sustaining treatments;
• feeding through the tube;
• surgery procedures;
• administration of various medications, including pain relievers;
• artificial prolongation of life;
• provision of chemotherapy, etc.

For every medical treatment or procedure listed above, the principal shall provide explicit consent.

Signing

A person who signs a living will shall be of sound mind and act voluntarily. At the moment of signing, the principal shall not be under pressure, duress, or undue influence. If this is the case, interested third parties may revoke the will anytime in the future.

Different states may impose various requirements regarding how this document should be signed. The template of a living will at FasterDraft could be customized to reflect the latest legislative requirements for all 51 states within the U.S.

• Health care agent: A health care agent should also sign the document. If the principal appoints an alternative health care agent, his or her signature should also be present in the document.
• Witness: At least two witnesses shall sign the document. The witnesses should be at least 18 years of age and do not belong to a principal’s family. The local legislation of some states may impose additional requirements for witnessing. In a Texas living will template, a witness cannot be your marital partner or an appointed health care agent. For instance, if in the text of a document the principal expresses the will to be put in a skilled nursery facility, then the living will template California shall contain an additional signature of a principal’s advocate acting as a witness.
• Notarization: If you are drafting a living will template Virginia, this is the only state that requires mandatory notarization of a document. You can notarize your will in any other state. Absence of notarization in any other state, except for Virginia, does not affect the document’s validity.

You can pick up any notary of your choice from any county. Notarization is a straightforward process and is usually completed on the same day. The notary shall keep a copy of a notarized living will template for their internal records.

How to cancel a living will?

If the principal changes their mind, they can revoke or cancel the living will at any time. To do so, the principal shall take the following steps:

1. First, destroy the document or direct another person to destroy the document in your presence.
2. Second, if a copy of your living will is kept with your physician, notary, or any other person, make sure they destroy that copy in your presence as well.
3. Third, notify immediately the appointed health care agent, guardian (if applicable), and alternative health care agent (if appointed) about the revocation of the will. The best way to do so is to communicate this information in writing via mail or email.

How to customize a living will at FasterDraft?

To get a fully customized legal document template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format—living will template PDF or Word.
4. Make a payment.
5. E-sign, download, print, and notarize a living will.