Generally, anyone who is at least 18 years old and of sound mind can create one. "Sound mind" usually means the ability to understand what the document is, and what it contains.

Your living will takes effect when it's determined that you're in a severe medical condition defined by your state's law, with no hope of recovery, and unable to communicate your wishes. If you name someone to be in charge of your medical decisions unrelated to life support, the document goes into effect when you can't make decisions for yourself.

Doctors usually determine you've lost your decision-making ability if you can't understand your treatment choices, or communicate your wishes in any way.

A living will spells out whether you want to be resuscitated in certain circumstances, but it's not a DNR. A do-not-resuscitate order is a separate document prepared in consultation with, and signed by, your doctor. You can't create a DNR without a doctor's consent, and we don't provide them.

You should also have a discussion with your doctor, family, and health care agent to make sure they understand your wishes. You may also need to update it if your health or family status changes, or to name a new health care agent.

Gain access to a network of vetted, licensed advocates. Schedule a consultation with an advocate to get answers to estate planning queries, review of completed documents, or discuss any other personal legal concerns. Schedule a call with an advocate to get estate planning questions answered, review completed documents, or discuss other personal legal matters.