Savvy Senior - How to Make a Living Will

Dear Savvy Senior,

What’s the best way to go about making a living will? I recently retired and would like to start getting my affairs in order, just in case.

Approaching 70

Dear Approaching,

Preparing a living will now is a smart decision that gives you say in how you want to be treated at the end of your life. Here’s what you should know, along with some resources to help you create one. 

Advance Directive

To adequately spell out your wishes regarding your end-of-life medical treatment you need two legal documents: A “living will” which tells your doctor what kind of care you want to receive if you become incapacitated, and a “health care power of attorney” (or health care proxy), which names a person you authorize to make medical decisions on your behalf if you become unable to.

These two documents are known as an “advance directive,” and will only be utilized if you are too ill to make medical decisions yourself. You can also change or update it whenever you please.

Do-It-Yourself

It isn’t necessary to hire a lawyer to complete an advance directive. There are free or low-cost resources available today to help you write your advance directive, and it takes only a few minutes from start to finish.

One that’s completely free to use is Caring Connections, a resource created by the National Hospice and Palliative Care Organization. They provide state-specific advance directive forms with instructions on their website (CaringInfo.org) that you can download and print for free. Or you can call 800-658-8898 and they will mail them to you and answer any questions you may have.

Or, for only $5, an even better tool is the Five Wishes living will. Created by Aging with Dignity, a nonprofit advocacy organization, Five Wishes is a simple do-it-yourself document that covers all facets of an advance directive that will help you create a more detailed customized document. It is legally valid in 42 states and the District of Columbia. To learn more or to receive a copy, visit AgingWithDignity.org or call 888-594-7437. 

Want Legal Help

If you would rather use a lawyer, look for one who specializes in estate planning and health care related matters. The National Academy of Elder Law Attorneys (NAELA.org) and the National Association of Estate Planners and Councils (NAEPC.org) websites have directories to help you find someone. Costs will vary depending on the state you reside in, but you can expect to pay somewhere between $200 and $500 to get one made.

Do Not Resuscitate

You should also consider including a do-not-resuscitate order (DNR) as part of your advance directive, since advanced directives do little to protect you from unwanted emergency care like CPR. Doctors and hospitals in all states accept them. To create a DNR, ask your doctor to fill out a state appropriate form and sign it.  

Another tool you should know about that will compliment your advance directive is the Physician Orders for Life-Sustaining Treatment (POLST). Currently endorsed in 22 states with 24 more in some phase of development, a POLST translates your end-of-life wishes into medical orders to be honored by your doctors. To learn more or set one up, see POLST.org.

Tell Your Family

To insure your final wishes are followed, be sure you tell your family members, health care proxy and doctor so they all know what you want. You should also provide copies of your advanced directive to everyone involved to help prevent stress and arguments later. 

For convenience, there are even resources – like DocuBank.com and MyDirectives.com – that will let you and your family members store your advanced directive online, so you can have immediate access to them when you need them.

Send your senior questions to: Savvy Senior, P.O. Box 5443, Norman, OK 73070, or visit SavvySenior.org. Jim Miller is a contributor to the NBC Today show and author of “The Savvy Senior” book.