Imagine getting so sick, or injured so severely, you are unable to speak for yourself. Understandably, most people don’t want to dwell on it, but it’s important for adults to consider what they would want if the unthinkable happened. That’s where advance directives and living wills come in. These documents let you clearly state your medical wishes ahead of time, so your family and doctors know what to do.
It is important for everyone to start planning early for the following reasons:
- Life is unpredictable. Accidents, illness and disability are all possibilities we often cannot foresee.
- Advance directives ensure that your wishes are carried out, minimizing the stress and potential conflicts that come with medical decision-making during times of crisis.
- They can save your family and loved ones from having to make difficult decisions about your care based on their own values and priorities instead of making choices based on your values and wishes.
- Documentation means you can avoid unnecessary pain, unhelpful procedures and unwanted hospitalizations.
Here’s a look at advance directives and living wills—how they’re different, why they matter, and how to create them.
Living wills
A living will is a legal document that explains the medical treatments you want—or don’t want—if you are still alive but unable to speak for yourself. This might happen if you’re in a coma, have a severe brain injury, or are in the late stages of a terminal illness.
This document covers your wishes for life-sustaining care, including:
- CPR if your heart stops
- A ventilator if you can’t breathe on your own
- Tube feeding or IV fluids if you can’t eat or drink
- Comfort care (like hospice) instead of aggressive treatments
You make the decision about how much or how little care you want near the end of life while you still can. A living will gives your loved ones clear guidance so they don’t have to make difficult guesses during a medical crisis.
Living wills are essential for anyone with a serious health issue, but you don’t have to wait until you’re sick. Anyone age 18 or older can create one. Emergencies can happen at any age, so having a living will help you stay in control of your care.
You do not need a lawyer to make a living will. In Texas, the form is called a Directive to Physicians. In Florida, it’s called a Living Will. You can get free, official forms from Texas Health and Human Services or the Florida Agency for Health Care Administration. Follow the instructions to sign it before witnesses or a notary, depending on your state. After that, share copies with your doctor, family, and anyone else who helps with your care.
What is an advance directive?
An advance directive is a broader term. It includes any legal document about your health care wishes if you can’t speak for yourself. A living will is one type of advance directive. A durable power of attorney for health care, or health care proxy, lets you choose someone to make medical decisions for you.
Advance directives may also include:
- Organ donation wishes
- Do-not-resuscitate (DNR) orders
- Personal care instructions
An advance directive usually does two things:
- Says what kind of care you want or don’t want
- Names a person to speak on your behalf if you can’t speak for yourself
You may fill out a living will and a medical power of attorney as part of your advance directive. Or you might choose just one based on what’s most important to you.
Advance directives are helpful for anyone 18 or older, not just older adults. If you live alone, have ongoing health issues, or want to avoid unwanted treatments, advance directives can give you peace of mind. It also eases stress for your loved ones by making your wishes clear.
You don’t need a lawyer to complete an advance directive. At Prepare you can find more information and forms for each state. In addition, in Texas, you can access the Medical Power of Attorney form. In Florida, the Designation of Health Care Surrogate. These are free. Just follow the instructions to sign the form properly, then give copies to your doctor, your proxy, and your family.
What’s the difference between a living will and an advance directive?
A living will explains the kind of medical treatment you do or don’t want if you’re unable to speak. An advance directive can include a living will but also names someone to make decisions for you—your health care proxy. It may also cover other health care choices like organ donation or DNR orders. Most people complete both a living will and a proxy form. This way, their medical wishes are clear.
How to choose your health care proxy
Your health care proxy is the person you choose to make medical decisions if you can’t speak for yourself. This person is also called your health care agent or surrogate, depending on your state. They may need to talk to your doctors, understand your treatment options, and make choices that reflect what you want.
Trust is the most important thing to remember when choosing a health care proxy. Choose someone who will follow your wishes, even if it’s hard. They should be able to stay calm in stressful moments, ask questions, and speak up for you.
Your proxy can be your spouse. Some prefer to choose an adult child, sibling, or close friend. The best health care proxy is someone who:
- Knows your values and beliefs
- Will honor your choices, not their own opinions
- Can handle medical discussions with doctors
- Is willing and able to take on the responsibility
If you’re unsure who to choose, consider how the people around you deal with pressure. Pick someone who stays focused and communicates clearly.
You don’t need a lawyer to pick a health care proxy or fill out advance directive forms. Talk to a health care attorney if you’re confused, have a complex medical issue, or need legal advice. A health care attorney is a lawyer who is an expert in both medical and legal issues. They can help you make detailed plans. They also make sure your documents meet state laws. Many people don’t need one, but having the option can help if things get complicated.
Take control of future health care decisions
Living wills and advance directives are legal documents. In most cases, doctors and hospitals must follow them. Proper signatures and compliance with your state’s rules make them legally binding. This means that everyone should respect your wishes. That’s why it’s so important to fill them out clearly and share them with your doctor and family. Planning for the future may feel uncomfortable, but it’s one of the best gifts you can give your loved ones. A living will or advance directive ensures your wishes are followed if you can’t speak for yourself due to illness. It also gives your family clear guidance during a difficult time.
You don’t need a lawyer to get started. Forms are free and easy to complete in both Texas and Florida. Be sure to sign them correctly. Talk to your health care proxy. Share copies with your doctor and close family.
It’s never too early to plan ahead. Now is the time to share your wishes, whether you’re healthy or managing a long-term condition. You stay in control, and your loved ones gain peace of mind.
References
FindLaw. (2024, July 15). Texas living wills laws. https://www.findlaw.com/state/texas-law/texas-living-wills-laws.html
Texas Hospital Association. (n.d.). Advance directives. https://www.tha.org/information-for/public/advance-directives/
Texas Health and Human Services. (n.d.). Directive to physicians and family or surrogates (living will). https://www.hhs.texas.gov/regulations/forms/advance-directives/directive-physicians-family-or-surrogates-living-will
Florida Agency for Health Care Administration. (2025, May 21). Health care advance directives. https://quality.healthfinder.fl.gov/report-guides/advance-directives
Nationwide. (n.d.). Advance directive vs. livingWhat’s What’s the difference? https://www.nationwide.com/lc/resources/investing-and-retirement/articles/advance-directive-vs-living-will
National Institute on Aging. (2022, October 31). Choosing a health care proxy. https://www.nia.nih.gov/health/advance-care-planning/choosing-health-care-proxy
