What’s a Living Will?
June 17, 2025
By: Barry E. Haimo, Esq.
You’ve very likely heard of a living will before, but what exactly is it?
Essentially, this document enables you to choose your preference as to whether you want to be kept alive artificially on life support in the event that you are in a persistent vegetative stage, terminally ill, or have an end-stage condition. If you fail to execute this document, it could result in your family having to make the decision — putting them in a tough spot and potentially going against what you would actually want.
What’s the Difference Between a Health Care Surrogate and a Living Will?
There are so many legal documents related to health and end of life that it can be easy to find yourself a bit confused. A health care surrogate is similar to a power of attorney, but different than a living will. What does that mean? Basically, it appoints someone to act on your behalf, but is limited to healthcare decisions rather than financial and administrative affairs.
This is an important document because it empowers you to determine who will make your healthcare decisions in the event that you are unable to do so yourself. Too often, people fail to execute this relatively simple document. Consequently, someone of whom you may not approve might be charged with making important decisions on your behalf. Note, again, that this document is different from a living will, which expresses your wishes as to whether to be artificially prolonged on life support in the event that you are in a terminally ill or in a persistent vegetative state.
The unfortunate case of Terri Schiavo depicts the need for this document. In that case, which received national exposure, a woman’s parents fought her husband for many years in court over the decision to keep her alive artificially on life support. Schiavo did not have a living will, and her family paid the ultimate price.
Two Considerations of a Living Will
The primary concern with respect to a living will is expressing your wishes in a properly executed document. The secondary concern should be to prevent your family from having to make a difficult decision over which you could have provided valuable insight as to your preferences.
Nearly all of our clients execute this document as part of their basic estate plan.
Don’t Confuse the Issues
It’s important to point out that a living will is not something that will be used just because you get a cold or break your leg. It’s mostly applicable only when you are in a near death situation, when a decision must be made about whether to put you on life support to sustain your life. For some people, this situation may not ever occur. But if you do find yourself in that position, it becomes vitally important.
Think of it as insurance to make sure this big health decision — should it ever arise — is made with your input. Have questions about living wills or other end-of-life documents? We’re happy to help.
Originally published 9/4/15. Updated 6/17/25.
Author:
Barry E. Haimo, Esq.
Haimo Law
Strategic Planning With Purpose
Email: barry@haimolaw.com
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