How to Make a Living Will Online

Planning for the future is a responsible and proactive step we all should take. One crucial aspect of future planning involves making decisions about your healthcare preferences, especially when you are unable to communicate them yourself. This is where a living will, also known as an advance directive, comes into play. A living will outlines your wishes regarding medical treatment in the event you become incapacitated. Fortunately, creating a living will has become increasingly accessible, thanks to online platforms. This comprehensive guide will walk you through the process of how to make a living will online, covering everything from understanding its importance to choosing the right online platform.

Understanding the Importance of a Living Will

Before diving into the specifics of creating a living will online, it’s essential to understand why it’s such a vital document. A living will is a legal document that allows you to express your preferences for medical treatment if you become unable to make decisions for yourself. This could be due to a coma, severe illness, or any other condition that renders you incapacitated.

Without a living will, your medical decisions may fall to your family members, who may not know your exact wishes. This can lead to disagreements and emotional distress during an already difficult time. A living will ensures that your healthcare decisions are honored, providing peace of mind for you and your loved ones.

Here are some key reasons why having a living will is crucial:

• Ensuring Your Wishes Are Respected: A living will clearly states your preferences regarding medical treatments, ensuring that your healthcare providers and family members understand and respect your choices.
• Relieving Burden on Family: By outlining your wishes, you alleviate the burden on your family members to make difficult decisions on your behalf, especially when they are unsure of what you would want.
• Avoiding Conflicts: A living will can prevent potential conflicts among family members who may have differing opinions on your medical care.
• Maintaining Control: Even when incapacitated, you retain control over your healthcare decisions through your living will.
• Providing Peace of Mind: Knowing that your wishes will be honored can provide significant peace of mind for both you and your loved ones.

Key Components of a Living Will

A living will typically includes several key components that clearly articulate your healthcare preferences. Understanding these components is essential for creating a comprehensive and effective document.

Here are the main elements usually found in a living will:

• Identification: Your full name, date of birth, and address should be clearly stated to identify you as the document’s creator.
• Appointment of a Healthcare Agent (Optional): While not always required, you can appoint a healthcare agent (also known as a healthcare proxy or medical power of attorney) to make medical decisions on your behalf if you are unable to do so. This person should be someone you trust implicitly and who understands your values and wishes.
• Specific Medical Directives: This is the core of your living will. It outlines your specific preferences regarding medical treatments, such as:
  
  • Life-sustaining Treatment: Your wishes regarding the use of machines or interventions to prolong your life, such as ventilators, feeding tubes, and CPR.
  • Artificial Nutrition and Hydration: Your preferences regarding the provision of food and water through artificial means.
  • Pain Management: Your wishes regarding pain relief, including the use of medication to alleviate suffering, even if it may hasten death.
  • Do-Not-Resuscitate (DNR) Order: Instructions not to perform CPR if your heart stops or you stop breathing.
  • Other Medical Treatments: Any other specific medical treatments you wish to accept or refuse.
• Conditions for Activation: The circumstances under which your living will should be put into effect. Typically, this involves being in a terminal condition, a persistent vegetative state, or another condition where you are unable to make decisions.
• Signatures and Witnesses: Your signature, along with the signatures of witnesses, is required to make the document legally valid. The specific requirements for witnesses vary by state.
• Date: The date the living will was signed.

Legal Requirements for a Living Will

The legal requirements for creating a valid living will vary by state. It is crucial to understand the specific laws in your state to ensure that your document is legally enforceable. Failure to comply with these requirements could render your living will invalid.

Here are some common legal requirements for a living will:

• Age and Capacity: You must be of legal age (usually 18 years old) and of sound mind to create a living will. This means you must understand the nature and consequences of your decisions.
• Writing Requirement: In most states, a living will must be in writing. Oral instructions are generally not considered legally binding.
• Witness Requirements: Most states require that your living will be witnessed by two adults who are not related to you and who will not benefit from your death. Some states may have additional restrictions on who can serve as a witness.
• Notarization (Optional but Recommended): While not always required, notarizing your living will can add an extra layer of legal validity and may be required in some states. A notary public verifies your identity and witnesses your signature.
• State-Specific Forms: Some states provide specific forms or templates for living wills. Using these forms can help ensure that your document complies with state law.
• Review and Updates: It’s essential to review and update your living will periodically, especially if there are changes in your health, personal circumstances, or state laws.

Choosing the Right Online Platform for Creating a Living Will

Numerous online platforms offer services for creating a living will. However, not all platforms are created equal. It’s crucial to choose a reputable and reliable platform that provides accurate information and legally sound documents.

Here are some factors to consider when selecting an online platform:

• Reputation and Reviews: Research the platform’s reputation by reading online reviews and testimonials. Look for platforms with positive feedback and a history of providing quality services.
• Legal Expertise: Ensure that the platform has legal expertise and that its documents are drafted or reviewed by attorneys. This will help ensure that your living will complies with state law.
• State-Specific Forms: The platform should offer state-specific forms and templates that are tailored to the laws of your state.
• User-Friendliness: The platform should be easy to use and navigate, with clear instructions and a simple interface.
• Customization Options: The platform should allow you to customize your living will to reflect your specific preferences and wishes.
• Security and Privacy: Ensure that the platform uses secure encryption to protect your personal information and maintain your privacy.
• Cost: Compare the costs of different platforms and choose one that fits your budget. Some platforms offer free basic services, while others charge a fee for more comprehensive features.
• Customer Support: Check if the platform offers customer support in case you have questions or need assistance.

Some popular online platforms for creating a living will include:

• Nolo’s Quicken WillMaker & Trust: A well-established software program that offers a variety of estate planning documents, including living wills.
• LegalZoom: A popular online legal services provider that offers living wills and other legal documents.
• Rocket Lawyer: Another reputable online legal services provider that offers customizable living wills.
• US Legal Wills: A platform specializing in wills and advance directives, providing state-specific documents.

Step-by-Step Guide to Making a Living Will Online

Once you’ve chosen an online platform, you can begin the process of creating your living will. Here’s a step-by-step guide to help you through the process:

1. Create an Account: Sign up for an account on the chosen online platform. You will typically need to provide your name, email address, and other basic information.
2. Select “Living Will” or “Advance Directive”: Navigate to the section of the platform that offers living wills or advance directives.
3. Answer Questions: The platform will guide you through a series of questions about your healthcare preferences and wishes. Be prepared to provide information about:
   • Your personal information (name, date of birth, address).
   • Whether you want to appoint a healthcare agent and, if so, their contact information.
   • Your preferences regarding life-sustaining treatment, artificial nutrition and hydration, pain management, and other medical treatments.
   • The conditions under which your living will should be activated.
4. Review Your Answers: Carefully review your answers to ensure that they accurately reflect your wishes. Make any necessary corrections or adjustments.
5. Customize Your Document: Most platforms allow you to customize your living will to include specific instructions or preferences. Take advantage of this feature to ensure that your document is tailored to your individual needs.
6. Download and Print Your Living Will: Once you are satisfied with your document, download it and print it out.
7. Sign and Witness Your Living Will: Sign your living will in the presence of the required number of witnesses. Make sure to comply with your state’s specific witness requirements.
8. Notarize Your Living Will (Optional but Recommended): If desired, have your living will notarized by a notary public.
9. Store Your Living Will Safely: Store your living will in a safe and accessible location, such as a fireproof safe or a secure online vault.
10. Provide Copies to Relevant Parties: Provide copies of your living will to your healthcare agent, your primary care physician, and any other relevant parties, such as family members.
11. Review and Update Your Living Will Regularly: Review and update your living will periodically, especially if there are changes in your health, personal circumstances, or state laws.

The Role of a Healthcare Agent

As mentioned earlier, you have the option of appointing a healthcare agent in your living will. A healthcare agent is a person you trust to make medical decisions on your behalf if you are unable to do so. This person should be someone who understands your values and wishes and who is willing to advocate for your best interests.

Here are some key responsibilities of a healthcare agent:

• Understanding Your Wishes: Your healthcare agent should be familiar with your values, beliefs, and preferences regarding medical treatment.
• Making Medical Decisions: If you become incapacitated, your healthcare agent will make medical decisions on your behalf, based on your wishes as expressed in your living will or other instructions.
• Communicating with Healthcare Providers: Your healthcare agent will communicate with your healthcare providers to ensure that they understand your wishes and to gather information about your medical condition.
• Advocating for Your Best Interests: Your healthcare agent will advocate for your best interests and ensure that you receive the medical care you desire.

When choosing a healthcare agent, consider the following factors:

• Trustworthiness: Choose someone you trust implicitly to make decisions in your best interests.
• Understanding: Choose someone who understands your values and wishes regarding medical treatment.
• Availability: Choose someone who is available and willing to fulfill the responsibilities of a healthcare agent.
• Emotional Strength: Choose someone who can remain calm and rational in stressful situations.
• Communication Skills: Choose someone who can effectively communicate with healthcare providers and family members.

Common Mistakes to Avoid When Creating a Living Will

Creating a living will is a crucial step in planning for your future healthcare. However, it’s essential to avoid common mistakes that can render your document ineffective or invalid. Here are some common mistakes to watch out for:

• Failing to Comply with State Law: One of the most common mistakes is failing to comply with the specific legal requirements of your state. This can include witness requirements, notarization requirements, and specific language requirements.
• Using a Generic Template: While online templates can be helpful, using a generic template without customizing it to your specific needs and preferences can be problematic. Make sure to tailor your living will to reflect your individual wishes.
• Being Too Vague: Avoid using vague or ambiguous language in your living will. Be as specific as possible about your preferences regarding medical treatments.
• Not Appointing a Healthcare Agent: While not always required, failing to appoint a healthcare agent can make it more difficult for your wishes to be honored if you become incapacitated. A healthcare agent can provide guidance and advocate for your best interests.
• Not Discussing Your Wishes with Your Family: It’s essential to discuss your living will with your family members and other loved ones. This will help them understand your wishes and avoid potential conflicts.
• Not Providing Copies to Relevant Parties: Failing to provide copies of your living will to your healthcare agent, your primary care physician, and other relevant parties can make it difficult for them to access the document when needed.
• Not Reviewing and Updating Your Living Will Regularly: Your living will should be reviewed and updated periodically, especially if there are changes in your health, personal circumstances, or state laws.
• Assuming a Living Will Covers Everything: A living will primarily addresses end-of-life care and specific medical treatments. It doesn’t cover all aspects of healthcare decision-making. Consider a durable power of attorney for healthcare for broader coverage.
• Not Understanding the Difference Between a Living Will and a Last Will and Testament: A living will addresses healthcare decisions while you are alive but incapacitated. A last will and testament deals with the distribution of your assets after your death. These are separate documents with distinct purposes.
• Relying Solely on Online Resources Without Seeking Legal Advice: While online resources can be helpful, they should not be a substitute for legal advice from a qualified attorney. If you have complex medical or legal issues, consult with an attorney to ensure that your living will is legally sound and reflects your wishes.

Storing and Accessing Your Living Will

Creating a living will is only the first step. It’s equally important to store your document safely and ensure that it can be accessed when needed. Here are some tips for storing and accessing your living will:

• Store the Original Document in a Safe Place: Store the original signed and witnessed living will in a safe and accessible location, such as a fireproof safe or a secure online vault.
• Provide Copies to Relevant Parties: Provide copies of your living will to your healthcare agent, your primary care physician, and any other relevant parties, such as family members.
• Keep a Copy with Your Important Documents: Keep a copy of your living will with your other important documents, such as your will, insurance policies, and financial records.
• Consider an Online Storage Service: Consider using an online storage service specifically designed for storing legal documents. These services typically offer secure encryption and 24/7 access.
• Inform Your Family and Healthcare Providers: Inform your family and healthcare providers about the existence and location of your living will.
• Carry a Wallet Card: Carry a wallet card that indicates you have a living will and provides contact information for your healthcare agent.
• Ensure Easy Access in Emergency Situations: Make sure that your living will can be easily accessed in emergency situations. Consider providing a copy to your local hospital or emergency services.

Updating Your Living Will

Your living will should be reviewed and updated periodically to ensure that it still reflects your wishes. Here are some situations that may warrant updating your living will:

• Changes in Your Health: If you experience significant changes in your health, such as a new diagnosis or a change in your prognosis, you may want to update your living will to reflect your new circumstances.
• Changes in Your Personal Circumstances: If you experience changes in your personal circumstances, such as a marriage, divorce, or the birth of a child, you may want to update your living will to reflect your new relationships and responsibilities.
• Changes in State Law: State laws regarding living wills can change over time. It’s essential to stay informed about these changes and update your living will accordingly.
• Changes in Your Wishes: Your wishes regarding medical treatment may change over time. It’s important to review your living will periodically and make any necessary adjustments.
• Death or Incapacity of Your Healthcare Agent: If your healthcare agent dies or becomes incapacitated, you will need to appoint a new healthcare agent.

To update your living will, you can either create a new document or amend your existing document. If you choose to create a new document, make sure to revoke your old document. If you choose to amend your existing document, make sure to follow the proper legal procedures for amendments.

Living Will vs. Other Advance Directives

While a living will is a common type of advance directive, it’s important to understand how it differs from other similar documents, such as a durable power of attorney for healthcare and a do-not-resuscitate (DNR) order.

• Living Will: A living will outlines your specific preferences regarding medical treatments in the event you become incapacitated. It typically focuses on end-of-life care and specific medical interventions.
• Durable Power of Attorney for Healthcare (Healthcare Proxy): This document appoints a healthcare agent to make medical decisions on your behalf if you are unable to do so. Unlike a living will, it doesn’t specify your medical preferences in detail but gives your agent the authority to make decisions based on their understanding of your wishes.
• Do-Not-Resuscitate (DNR) Order: A DNR order is a specific medical order that instructs healthcare providers not to perform CPR if your heart stops or you stop breathing. It’s typically used by individuals with terminal illnesses or those who do not want to be resuscitated.

It’s important to note that these documents are not mutually exclusive. You can have a living will, a durable power of attorney for healthcare, and a DNR order. In fact, having all three documents can provide the most comprehensive protection for your healthcare wishes.

Conclusion

Creating a living will online is a convenient and accessible way to ensure that your healthcare wishes are honored if you become incapacitated. By understanding the importance of a living will, the key components of the document, the legal requirements, and the steps involved in creating it online, you can take control of your future healthcare decisions and provide peace of mind for yourself and your loved ones. Remember to choose a reputable online platform, comply with state law, and review and update your living will regularly. By taking these steps, you can create a legally sound and effective document that reflects your values and preferences.