Your first thought when someone mentions estate planning is often a will or a trust. While those are normally the central documents in your plan, there are other documents that you need to be aware of and consider. For your finances, many people are familiar with a power of attorney to have someone manage their finances if they are unable to do it themselves.
But there's also a set of documents that you should consider for your healthcare decisions, including a healthcare power of attorney, a HIPAA Authorization, and a Living Will.
A living will isn't a required part of your estate plan. In fact, I've found that my clients split nearly 50/50 on who signs one and who doesn't sign one. Before you make that decision though, it's important to understand what it is and how it works.
What Is a Living Will?
A living will is a document that outlines your wishes regarding medical treatment in situations where you are unable to communicate, such as being in a coma or suffering from a terminal condition. It can specify whether you want:
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Life-sustaining treatment (like ventilators or feeding tubes)
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Pain management and comfort care
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Resuscitation efforts (like CPR or defibrillation)
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Artificial hydration or nutrition
It’s called a “living” will because it takes effect while you are still alive, unlike a last will and testament that governs your affairs after death.
Why You Should Consider a Living Will
There are some important reasons why a living will may make sense for your estate plan. 3 main reasons that my clients consider:
- Maintain control over your healthcare ~ Without a living will, your loved ones and medical providers may be left guessing about your wishes. This can lead to confusion, disagreement, or unwanted treatments that go against what you would have chosen.
- Reduce stress and conflict for your family ~ Medical crises are already emotionally overwhelming. A clear living will helps reduce the burden on family members who would otherwise need to make heartbreaking decisions on your behalf.
- Ensure your values are honored ~ Whether your choices are based on personal beliefs, religious convictions, or prior medical experiences, a living will gives you the opportunity to express those values clearly.
Your Living Will vs. a Healthcare Power of Attorney
Some people confuse a living will with a healthcare power of attorney (sometimes called a medical proxy or agent). In the realm of health care documents for your estate plan, they should both be considered, but they do serve different purposes:
- Living Will: Your living will lists your healthcare preferences and it applies when you are incapacitated and you also meet certain specific medical conditions.
- Healthcare Power of Attorney: Your healthcare power of attorney is used to appoint someone to make medical decisions for you. It doesn't require that you be incapacitated, in fact, you can utilize it to empower someone to assist you when you are unable to speak for yourself (but are still conscious).
I often recommend that clients have both documents in place. The living will can be used to provide your healthcare agent with a guide to your wishes and provide further clarity for them and your doctor.
What Should a Living Will Include?
A living will tends to be a pre-structured document, with a set of directives for you to review. On occasion, you may want to make some tweaks to the language, but generally, your living will includes provisions about:
- Life-Sustaining Treatment ~ Do you want doctors to use all means possible to keep you alive, such as ventilators or dialysis, or would you prefer comfort care?
- Do Not Resuscitate (DNR) ~ In certain conditions, do you want to be resuscitated if your heart stops? Your living will can outline your preferences or refer to a separate DNR form.
- Artificial Nutrition and Hydration ~ If you are permanently unconscious or terminally ill, do you want feeding tubes or IV fluids?
- Pain Management ~ Would you prefer aggressive pain relief, even if it might shorten your life?
- Organ and Tissue Donation ~ You can include your wishes about organ donation in your living will or refer to your driver’s license or a separate donor registry.
Minnesota-Specific Considerations
In Minnesota, living wills are often part of a broader set of documents. Under Minnesota law, you can:
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Name an agent to make decisions on your behalf (healthcare power of attorney)
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Provide written instructions (like a living will)
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Include additional guidance, such as religious preferences or funeral wishes
Minnesota’s laws are flexible and allow you to customize the document according to your values. It’s important to use a form that complies with state law and reflects your unique circumstances.
How to Create Your Living Will
A living will tends to be one of the shorter documents you'll create as part of your estate plan. To get started:
- Reflect on your values: Before filling out any forms, think deeply about what quality of life means to you. Do you value longevity no matter the cost, or do you prioritize comfort and dignity?
- Consult with an attorney: While there are free forms online, working with an estate planning attorney—especially one familiar with Minnesota laws—ensures that your living will is complete, valid, and customized to your situation.
- Discuss with your healthcare agent: If you’ve named a healthcare proxy, talk with them about your wishes. Make sure they understand and are willing to advocate for your decisions.
- Distribute the document: Give copies to your healthcare agent, doctor, family members, and keep one in an accessible place. In Minnesota, it's also possible to register your directive with the state’s Health Care Directive Registry.
When Should You Update Your Living Will?
Like all parts of your estate plan, this document should also be reviewed and changed as you encounter major life events. Some common major life events:
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You get married or divorced
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You are diagnosed with a serious illness
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A healthcare agent becomes unavailable
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You experience a change in your personal or religious beliefs
A good rule of thumb: review your healthcare documents every 3–5 years, even if nothing major has changed.
Do You Need an Estate Planning Attorney?
If you are considering a living will or are just looking for more information on what's the best option for you and your legacy, let's schedule a Legal Strategy Session online or by calling my Edina, Minnesota office at (612) 294-6982 or my New York City office at (646) 847-3560. My office will be happy to find a convenient time for us to have a phone call to review the best options and next steps for you to work with an estate planning attorney to get your plan prepared and implemented.
