How Does a Living Will Differ from Other Medical Decision Documents?

When it comes to healthcare planning, the first thing you should remember — document your medical treatment preferences. The best way to do this is to write a living will that enumerates all your wishes in detail and guarantees they will be followed in a critical situation. However, there are plenty of other documents that can be used to express your healthcare choices. This guide explains their roles and how they differ from a living will, so you can decide what you may need.

Let's start with what brings the most confusion. If you ever happen to be in a situation that requires you to make serious healthcare decisions, you can be asked to prepare a document called an advance directive. Some people think it is an alternative to a living will, but in reality, the latter is just a part of the advanced directive.

So, there cannot be any comparison — advance directive vs. living will — because, if you ever need to prepare the first document, the second one will also be a part of it. 

Both these documents are equally important parts of the advanced directive, but they have completely different functions. 

"Why do I need a medical power of attorney if I have a living will?" you may ask. Unfortunately, not all situations can be predicted and covered in the living will. Besides, sometimes, there are minor decisions to be made, like what medicines are more preferable, and you simply cannot foresee all the choices you'll have to face. Therefore, it is important to choose a trusted healthcare proxy who is ready to act in your interests in any critical situation.

So, a living will vs. a power of attorney are not documents to choose from — you need them both. That way, if you fail to cover some possible scenario in your living will, the person you trust can still speak for you.

A living will is often mixed with another legal document — the last will. Although their names may appear similar, these two papers have distinctly different purposes.

So, the living will is for end-of-life care; the last will is for what happens after you pass away.

A DNR, decoded as a Do Not Resuscitate order, is another important healthcare decision document that is sometimes confused with a living will.

Here's how they differ:

A DNR order is a medical document that tells first responders or doctors not to perform CPR (cardiopulmonary resuscitation) if your heart stops or you stop breathing. It concerns emergency situations exclusively, must be signed by your physician, and then included in your medical records.

Unlike a living will that also contains instructions on your healthcare, a DNR does not cover other medical treatments, such as mechanical ventilation, tube feeding, or dialysis. It is not about life-supporting choices; it's about the choice not to live.

So, a living will, though it is often viewed as an alternative to other legal papers, defines your treatment preferences in a situation when you cannot communicate them yourself for any reason. Together with a medical power of attorney, it's a part of a bigger legal entity called an advanced directive. The knowledge of how different medical decision papers function and what problems they solve can help you make the right choices for yourself and your family. 

Article by Karina Pukaniuk

Karina Pukaniuk is an accomplished Tax and Corporate Lawyer with a strong legal background in international structuring, personal data protection, and intellectual property law. She has extensive experience in M&A transactions, corporate restructuring, and developing cross-border strategies across multiple jurisdictions. At Loio, Karina contributes to the creation and review of legal templates and guides, ensuring they are accurate and compliant with U.S. legal standards.