Getting a living will and healthcare power of attorney is straightforward and, in many cases, free. Both are types of advance directives, which are legal documents that spell out your medical wishes and name someone to speak for you if you can’t speak for yourself. You don’t need a lawyer to create either one, though hiring one is an option. The process involves deciding what you want, choosing the right person to advocate for you, filling out the correct forms for your state, and making sure the right people have copies.
What Each Document Does
A living will and a healthcare power of attorney serve different but complementary purposes. A living will is a written document that details which medical treatments you would or wouldn’t want used to keep you alive. It also covers choices like pain management and organ donation. It only activates when you’re unable to make decisions yourself, typically because you’re terminally ill, seriously injured, in a coma, in the late stages of dementia, or near the end of life.
A healthcare power of attorney (sometimes called a healthcare proxy or medical power of attorney) names a specific person to make medical decisions on your behalf when you can’t. This person can respond to situations your living will didn’t anticipate. Medicine is unpredictable, and no document can cover every scenario. Having both means your wishes are on record and someone you trust can handle the gray areas.
Step 1: Get the Right Forms for Your State
Every state has its own advance directive forms, and using the correct one matters for legal validity. The good news is that most are available for free. You have several options:
- State Attorney General’s Office. Most publish downloadable forms on their website.
- National organizations. AARP, the American Bar Association, and the National Hospice and Palliative Care Organization all offer state-specific forms online at no cost.
- Your local Area Agency on Aging. You can find yours through the Eldercare Locator at 800-677-1116.
- Veterans Affairs. The VA offers an advance directive form specifically for veterans.
- Interactive tools. PREPARE for Your Care is a free online program (available in English and Spanish) that walks you through the process step by step. The Conversation Project offers guided documents in English, Spanish, and Chinese.
Many states combine the living will and healthcare power of attorney into a single advance directive form. Others keep them separate. Your state’s form will make this clear.
Step 2: Decide What Medical Care You Want
Before filling anything out, spend time thinking through the specific situations your living will should address. Most forms walk you through these choices with checkboxes and prompts, but it helps to reflect on them beforehand. Common decisions include whether you’d want life-sustaining treatments like a breathing machine or feeding tube, what level of pain management you’d prefer, and whether you want to donate organs or tissue.
Think beyond the obvious scenarios. Would you want aggressive treatment if doctors gave you a small chance of recovery? What if you could survive but with severe cognitive impairment? These are uncomfortable questions, but answering them now is the entire point of the document. Talking them through with a family member or your doctor before you fill out the form often helps clarify your values.
Step 3: Choose Your Healthcare Agent
Picking the right person for your healthcare power of attorney is the most important decision in this process. In most states, your agent must be at least 18 (19 in Alabama and Nebraska) and of sound mind. Beyond those basics, the person you choose should meet a higher bar.
Ask yourself: Will this person actually follow my wishes, even if they personally disagree? Can they handle pressure from family members or doctors who might push back? Are they someone who stays calm in a crisis? Do they live close enough to get to a hospital if needed, or would they be willing to travel? The best healthcare agent isn’t necessarily your closest family member. It’s the person most likely to advocate for what you want, not what they want for you.
The American Bar Association recommends against choosing your doctor, anyone who works at your healthcare facility, a government employee financially responsible for your care, or someone who already serves as healthcare proxy for ten or more other people. These restrictions exist to prevent conflicts of interest. Always name at least one backup agent in case your first choice is unavailable.
Step 4: Sign and Make It Legal
Requirements for making your advance directives legally valid vary by state, but they generally involve signing the document in front of witnesses, a notary public, or both. Some states require two witnesses and a notary. Others accept one or the other. In New Jersey, for example, your signature needs either two witnesses or a notary, not both.
If you use witnesses, most states prohibit the people named in the document (like your healthcare agent) from serving as witnesses. Check your state’s specific rules on the form itself, which typically lists the requirements right above the signature lines.
Only five states currently recognize digital signatures on advance directives: California, Illinois, Maryland, Texas, and Indiana. A handful of states allow remote notarization or video witnessing, rules that expanded during the pandemic but remain inconsistent. For the smoothest process, plan on signing in person with your witnesses or notary physically present.
What It Costs
You can complete the entire process for free using state-provided forms and finding a notary at your bank (many offer free notarization to account holders). If you want a more guided experience, online platforms like LegalZoom, Rocket Lawyer, or Nolo’s Quicken WillMaker typically charge $50 to $150 and include templates for both documents along with instructions.
Hiring an estate planning attorney costs more, generally $300 to $1,000 or higher, but makes sense if you have a complex medical history, blended family dynamics, or want advance directives drafted alongside a broader estate plan. For most people with straightforward situations, the free state forms work perfectly well.
Step 5: Store and Distribute Copies
A perfectly executed advance directive is useless if no one can find it during an emergency. File the originals in a secure but accessible place at home, and tell your agent, family, and close friends exactly where they are. Hospitals sometimes request originals, so someone in your life needs to be able to locate them quickly.
Give copies to all of the following:
- Your healthcare agent and any backup agents. They need both your healthcare power of attorney and your living will.
- Your primary care doctor. Ask for copies to be added to your medical record.
- Any hospital where you’re being treated. Request that a copy go in your chart at admission.
On every copy, note where the originals are stored. The National Hospice and Palliative Care Organization recommends this so that anyone holding a copy can direct others to the original if needed. Carry a wallet card with your healthcare agent’s name and phone number, plus a note about where your documents are kept.
Updating or Revoking Your Documents
You can change or cancel your advance directives at any time, for any reason. Revocation can be as simple as telling your healthcare agent, doctor, nurse, or another reliable witness that you’re revoking the document. You can do this in writing, verbally, or through any action that makes your intent clear. To formally replace your documents, execute new ones following the same signing and witnessing process. The new documents automatically supersede the old ones.
Review your advance directives after any major life change: a new diagnosis, a divorce, a move to a different state, or the death of your named agent. Even without a triggering event, revisiting them every few years ensures they still reflect your values. What felt right at 40 may not match what you want at 65.