Why You Need a Living Will

Why You Need a Living Will – Even at Age 18
Telling your end-of-life wishes to loved ones can save them from making difficult decisions.

By Amir Khan


Though it may be difficult to think about, you won't live forever. Make sure you're prepared as soon as possible. (iStockPhoto)

In your teens and early 20s, death isn’t something you likely think about. You tend to feel invincible – and worrying about becoming terminally ill or being in an accident can feel, well, morbid. Unfortunately, accidents, injuries and illnesses know no age. That's why experts say it’s imperative to make your wishes known, whether you’re a senior citizen or a senior in college.

If something happens, and you require life support, do you want doctors to do everything to keep you alive or cease support if nothing more can be done? Have you told anyone about your wishes? Odds are, not everyone in your inner circle knows your philosophy on end-of-life care. That's where a living will comes in.

A living will, also known as an advance directive, is a written set of instructions for how you want to be treated if you’re no longer able to make decisions for yourself, says Mark Jordan, an estate attorney with Buechner Haffer Meyers & Koenig in Ohio. It also appoints a friend or loved one as a health care proxy, someone who can legally make decisions on your behalf. “It’s meant to direct your doctors in a situation where the doctors cannot cure you and you can’t tell them what you want,” he says. “We’re not talking about a situation where you might live six more months. Your living will only goes into effect if, for all intents and purposes, you are already deceased, except for the fact that life support is keeping you alive.”

The end-of-life-care-wishes discussion is not a comfortable one to have. But devoting time to it now can save everyone from experiencing discomfort, pain and anguish down the road. “Living wills are really an ounce of prevention that everyone should have after they have turned 18,” says estate lawyer Donald Sienkiewicz, owner of Estate Preservation & Planning Law Office in New Hampshire. “Nobody, not your parent, spouse or child, can make legal, financial or health care decisions for you without a court order, unless you have delegated that authority to them in advance through a power of attorney or living will.”


For most people, living wills outline life support wishes, Jordan says. Some people also include a “do not resuscitate” order, which instructs doctors not to revive them if they stop breathing or their heart stops. “It’s one of those just-in-case type of documents that you hope you’ll never have to use,” Jordan says. “When a person signs a living will, they’re saying that if they’re in a situation where their heart has stopped, here’s what I want you to do.”

Two doctors need to make the determination that you won’t recover before your living will kicks in, Jordan adds. “If for any reason something has happened that they can correct, that’s different,” he says.

One of the major benefits of having a living will is to spare your family the guilt of trying to guess what you'd want or from choosing options you would not have supported but that ease their anguish – in other words, prolonging your life so you remain in theirs, says Jason Martin, an estate attorney with Martin Law Firm in Pennsylvania. “Without this document in place, family members are left to make decisions, which can not only lead to significant conflicts, but can also lead to feelings of guilt, remorse or anger,” he says. “Having this document in place may also prevent a large financial burden on your family or estate, since remaining on life support for extended periods of time may lead to substantial medical bills and costs for your necessary care."

When his mom became terminally ill four years ago, Jordan made the decision to terminate life support after reviewing her living will. “It took that burden away,” he says. “I didn’t feel guilty for carrying out her dying wish because I knew what she wanted.”

While most people opt to have a lawyer draw up a living will, you don’t have to go that route. Your local hospitals, doctors offices and senior centers have forms you can fill out, as does the National Hospice and Palliative Care Organization.

In the end, a living will is something everyone should have, Sienkiewicz says. “Considering how many people lose capacity, especially later in life; how cheap [living wills] are to complete, even with the assistance of an experienced attorney; and how expensive, frightening and risky the alternative is,” he says, “there’s no reason not to have one.”


Amir Khan is a Health + Wellness reporter at U.S. News. You can follow him on Twitter, connect with him on LinkedIn or email him at [email protected].