Do One Thing: Make a living will (time: a few hours)

Kate Ashford  |  01:44 PM, Monday, March 14, 2011

What would happen if you became incapacitated due to terminal illness, or if you were in a permanent vegetative state? (Remember Terri Schiavo?) Would your significant other or family members know what you would want? A living will (or in some states, a health care directive) specifies your wishes relating to medical care and life-sustaining treatments in situations where there is no hope of recovery. (Really cheery stuff, right?) Here’s how to get it done.

This is for you: If you have strong feelings about what you’d want done (or not done) if you were incapacitated.

Hands-on time: A couple of hours to actually meet with an attorney, review the document he draws up, and sign the final paperwork.

Total time: Depends on your schedule and the attorney’s. Total time will include two appointments and enough time to turn the paperwork around.

Cost: Probably about $150, although costs vary by attorney and state. (Tip: See if your employer has a legal benefit plan that you can elect when open enrollment comes around. That could pay for a portion or the entire cost of some legal services.)

What you’ll need:

• A form of ID such as a driver’s license or passport


• An Internet-connected computer to help you look for an estate planning attorney (if you don’t get a direct referral)

What to do:
1. Put some thought into what you want the document to say. Under what circumstances would you want your life to be sustained? When wouldn’t you? Talk to your doctor about what kinds of end-of-life medical treatments you might want. He or she can help you by answering any questions you have.

2. Find an attorney who specializes in estate planning, trusts and wills in your state.

• Locate one nearby at estateplanninganswers.org, the website of the National Association of Estate Planners & Councils. You can also search Martindale.com—one of the oldest directories and ratings agencies for attorneys by practice area.
• Alternately, ask friends, family and coworkers if they’ve used an estate planning attorney who did a good job.

3. Once you have a small list, call a few attorneys and tell them you’re looking to create a living will. It’s perfectly okay to ask them how much it will likely cost.

4. Meet with your attorney to discuss whether a living will is appropriate in your state (and if not, what document would be), and to go over the forms and talk about your options.

5. Your attorney will customize the forms with your choices and send them to you for review.

6. Review the documents and let your attorney know if you’d like to make any changes.

7. Meet with your attorney to sign the final documents. Depending on your state, he may have disinterested witnesses and a notary on hand to sign the documents.

8. Keep a copy of the living will in a file in a safe place and make sure your loved ones know where to find it.

9. Give a copy of your living will to your primary physician. (And a morbid tip: Bring a copy with you to the hospital if you’re having a planned high-risk procedure.)

10. Make sure your wishes are known to your doctor and your family.


To learn more:
3 Must-Have Legal Papers (MSN Money)
Living Wills and Advance Directives for Medical Decisions (Mayo Clinic)

Did you do it? Tell us what worked or share other tips in the comments below.


Who helped: John S. Young, attorney and member of the National Academy of Elder Law Attorneys, Mt. Prospect, IL

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