Advance Directives and Living Wills: Overview
As you are in the beginning stages of planning out your estate, you will soon encounter the dual notions of advance directives and living wills. While this can seem overwhelming, it doesn't need to be. Putting your health care wishes in writing now, will save a lot of hassle for family members in the future. It is a way to document your wishes concerning medical treatments at the end of life. Now for the semi-confusing part. Every state has different laws and regulations regarding the procedure and substance relating to a living will.
Below you will find key information and resources pertaining to each individual state and where to go to find a local estate planning attorney to help you make these decisions and learn about the law.
| National |
Consumer's Tool Kit for Health Care Advance Planning (The American Bar Association Commission on Law and Aging) |
| Alabama | Advance Directive for Health (Alabama Hospital Association) |
| Alaska | Advance Health Care Directive (Alaska Health and Social Services) [PDF] (Alaska Legal Services Corporation) |
| Arizona | Advance Directives (Arizona Attorney General) |
| Arkansas | Advanced Directives (Living Will, Do Not Resuscitate Orders, etc.) (Arkansas Legal Services Partnership) |
| California | Advance Health Care Directive sample (California Medical Association) |
| Colorado | Living Will forms (The Memorial Hospital, Craig, Colorado) |
| Connecticut | Living Will - Advance Directives (Connecticut Office of the Attorney General) |
| Delaware | Delaware's Advance Health Care Directive Form (Delaware Health and Social Services) |
| District of Columbia | Advance Directive [PDF] (Georgetown University Hospital) |
| Florida | Living Wills, Health Care Surrogates, and Advanced Directives (The Florida Bar) |
| Georgia | Advance Directive for Health Care (State Bar of Georgia) |
| Hawaii | Advanced Health Care Directives (The University of Hawai'i) |
| Idaho | Durable Power of Attorney for Health Care (Idaho Public Television) |
| Illinois | Statement of Illinois Law on Advance Directives Includes Living Will Declaration Form, Declaration for Mental Health Treatment Form, Do Not Resuscitate (DNR) Order, and Power of Attorney for Health Care. (Illinois Department of Health) |
| Indiana | Advance Directives (The Indiana Association for Home & Hospice Care, Inc.) |
| Iowa | Living Will (Advance Care Directives) (Iowa State Bar Association) |
| Kansas | Living Wills and Durable Power of Attorney for Health Care forms (Kansas Bar Association) |
| Kentucky | Kentucky Living Will Packet [PDF] (Kentucky Office of the Attorney General) |
| Louisiana | Advance Directives (Louisiana-Mississippi Hospice and Palliative Care Organization) |
| Maine | Advance Health-Care Directive Form [PDF] (Maine Attorney General) |
| Maryland | Advance Directives (Attorney General of Maryland) |
| Massachusetts | Health Care Proxy Information and Forms (Massachusetts Medical Society) |
| Michigan | Writing an Advance Directive (University of Michigan Health System) |
| Minnesota | Health Care Directive [PDF] (Minnesota Attorney General) |
| Mississippi | Advance Directives (Louisiana-Mississippi Hospice and Palliative Care Organization) [PDF] (Mississippi State Department of Health) |
| Missouri | Advance Directives (Missouri Attorney General) |
| Montana | Advanced Directives (Montana Cancer Center) |
| Nebraska | Advance Directives (Nebraska Department of Health & Human Services) Nebraska-specific copy of a Living Will form and Power of Attorney for Health Care. (Nebraska Hospice and Palliative Care Partnership) |
| Nevada | Advance Directives (Nevada HHS - Division of Health Care Financing and Policy) |
| New Hampshire | Advance Directives (N.H. Health Access Network Foundation for Healthy Communities) |
| New Jersey | Advance Directives for Health Care [PDF] (State of New Jersey Commission of Legal and Ethical Problems in the Delivery of Health Care) |
| New Mexico | Advance Health Care Directive (State Bar of New Mexico) |
| New York | Health Care Proxy (New York Department of Health) |
| North Carolina | Advance Directives Includes forms for durable power of attorney, health care power of attorney, and a living will. (North Carolina Division on Aging) |
| North Dakota | Health Care Directive (Legal Services of North Dakota) |
| Ohio | Living Will and Healthcare Power of Attorney (Ohio Hospice & Palliative Care Organization) |
| Oklahoma | Advance Directives (Oklahoma Palliative Care Resource Center) |
| Oregon | Advance Directive [PDF] (Oregon Department of Consumer and Business Services, Senior Health Insurance Benefits Assistance (SHIBA)) |
| Pennsylvania | Advance Health Care Declarations (Living Will) [PDF] (Pennsylvania Bar Association) |
| Rhode Island | Living Wills and Power of Attorney Includes a Durable Power of Attorney for Health Care and a Living Will. (Rhode Island Department of Health) |
| South Carolina | Health Care Power of Attorney (South Carolina Dept. of Health and Human Services) |
| South Dakota | Advance Directives (Rapid City Regional Hospital) |
| Tennessee | Advance Directive Forms and Information (Tennessee Department of Health) |
| Texas | Advance Directives: Forms and Handbooks (Texas Department of Aging and Disability Services) |
| Utah | Advance health care directives (Center on Aging) |
| Vermont | Advance Directive for Health Care (Vermont Ethics Network) |
| Virginia | Advance Medical Directives (Virginia Hospital & Healthcare Association |
| Washington | Advance Directives (Washington Medical Asso.) |
| West Virginia | Advanced Directive Forms & Law (West Virginia University) |
| Wisconsin | Advance Directives - Forms (Wisconsin Dept. of Health & Family Services) |
| Wyoming | Advanced Directives (Wyoming Dept. of Health) |
Learn More About Advanced Directives in Your State: Call an Estate Planning Lawyer
Every state has different laws and regulations relating to advance directives and living wills. While you don't need to be a lawyer to figure this all out, you should contact one if you're planning your estate and trying to put your wishes down on paper. There's a lot at stake should you need such a legal documen, so call an estate planning lawyer in your state today to learn more.
