What is a Living Will? A “Living Will” is often confused with a Last Will and Testament, but the two documents are actually very different. A Last Will and Testament is a document that controls property and only takes effect upon death. A Living Will, on the other hand, is a document with instructions about how you wish to live…and die, and is valid only up until death. In Virginia, a Living Will is incorporated into a larger document, called an Advance Medical Directive. It both gives instructions about what treatments you do or do not want in the event of a serious medical condition where you cannot communicate your wishes (the Living Will portion), and also names an agent to stand in your place to make decisions about healthcare that you did not specify (the Healthcare Power of Attorney).

Even if it is different from a Last Will and Testament, a Living Will is still a very important legal document. It determines whether your healthcare providers take a natural, “let me go if it’s my time” approach to dying or a more aggressive, “try anything to keep me around longer” life-prolonging approach. At different stages in your life, you may opt for one option more than the other, and ultimately, this is a very personal decision.

A related, but different document, is a “Do Not Resuscitate Order” or DNR or DDNR (Durable Do Not Resuscitate Order), for short. This is a Physician-signed medical order putting other healthcare providers on notice that they are not to attempt to revive you if your heart has stopped. Like Living Will instructions, the decision to put a DNR in place is a very personal decision that will likely depend on circumstances.

Everyone should certainly have an Advance Medical Directive in place to ensure their end-of-life decisions are documented and that a person of their choosing has the legal authority to make decisions about healthcare when they are unable to do so. An Advance Medical Directive is generally an essential part of any estate plan and is offered as part of both Will and Trust-based estate planning packages at Mata & Hill PLC.