Living Will vs. Advance Directive: What Is the Difference?

The National Institute on Aging (NIA) says advance directives are legal documents that provide instructions for medical care. They only go into effect if you cannot communicate your own wishes.

Planning ahead like this is part of something called advance care planning. NIA describes that as discussing and preparing for future decisions about your medical care, in case you become seriously ill or unable to communicate your wishes.

NIA says the two most common advance directives for health care are:

• the living will, and
• the durable power of attorney for health care.

Medicare.gov says the same thing in a slightly different way. It says an advance directive records your wishes about medical treatment in the future, if you are not able to make decisions about your care — and that advance directives include two parts: a health care proxy part and a living will part.

A living will is a legal document that tells doctors how you want to be treated if you cannot make your own decisions about emergency treatment.

In a living will, you can say which common medical treatments or care you would want, which ones you would want to avoid, and under which conditions each of your choices applies.

Medicare.gov gives examples of the kinds of treatment a living will can describe, such as dialysis, breathing machines, resuscitation, and tube feeding. Medicare.gov also notes that a living will can state whether you want your organs or tissues donated after you die.

One common mix-up: a living will is not the same as a regular will. NIA points out that a regular will is about your property and money after you die. A living will is about your medical care while you are alive but cannot speak for yourself.

The other common kind of advance directive names a person, instead of listing treatments.

NIA calls that document a durable power of attorney for health care. It is a legal document that names your health care proxy — a person who can make health care decisions for you if you are unable to communicate them yourself.

NIA says a proxy is also known as a representative, surrogate, or agent. Medicare.gov uses similar words: it says your health care proxy — sometimes called “durable power of attorney” — names someone you trust to make decisions about your health if you cannot.

NIA also says a proxy can be chosen in addition to a living will, or instead of one. One reason people name a proxy is to plan for situations that cannot be foreseen.

And a key limit: NIA says your proxy can only make decisions for you if you are too sick to make them yourself.

Here is the difference in one small table.

Question	Living will	Durable power of attorney for health care
What does it do?	States, in writing, the treatment you would or would not want.	Names a person — your health care proxy — to decide for you.
When is it used?	Only if you cannot communicate your own wishes. Both are advance directives.

Many people have both: a living will that states their wishes, and a named proxy who can speak for them.

Advance directives are handled under state law. That means the form and the rules are not the same in every state.

NIA says many states have their own forms, which you can get for free. NIA suggests these places to find your state’s form:

• your State Attorney General’s Office,
• your local Area Agency on Aging, or the Eldercare Locator (1-800-677-1116),
• your state health department — Medicare.gov also lists your state health department as a place to get help with advance directives.

NIA also warns about a few practical points:

• If you do not have an advance directive and you cannot make decisions on your own, the state laws where you live will determine who may make medical decisions on your behalf. To find out the laws in your state, NIA says to contact your state legal aid office or state bar association.
• Your form may need to be witnessed or notarized, so read the directions on your state’s form closely.
• Think of advance directives as papers you review — NIA suggests reviewing them at least once each year, and updating them after a major life event, such as moving out of state or a significant change in your health. Medicare.gov likewise says you can update your advance directive at any time.
• If you spend a lot of time in more than one state, NIA suggests considering the form for each state.

Please do not use another state’s form, or a copy of a form from a random website, and assume it fits your state. Start with your own state’s official form.

Oklahoma’s advance directive form is set out in state statute — Title 63, Section 3101.4 of the Oklahoma Statutes (63 O.S. § 3101.4), under the Oklahoma Advance Directive Act.

The official Oklahoma document is titled “Oklahoma Advance Directive for Health Care.” It puts both ideas from this page into one document:

• Part I is the Living Will part, where treatment instructions go.
• Part II is the part for appointing a health care proxy.

That is why, in Oklahoma, people often use the words together: the one state form covers both the living will instructions and the naming of a proxy.

To get the official form, start with an official Oklahoma source — the Oklahoma State Department of Health — rather than a paid form site. For help understanding Oklahoma’s rules, or for a referral to a lawyer, the Oklahoma Bar Association is the state’s bar organization. Medicare.gov also lists your own health care provider as someone to contact for help with advance directives.

This page does not include the Oklahoma form itself, and nothing here replaces it. Read and follow the directions on the official form itself.

You do not have to do everything at once. NIA suggests starting with talk:

• Think about what matters to you. Your values help guide choices about future care.
• Talk with loved ones and with your doctor. NIA notes that talking with a health care provider can help you learn about the kinds of decisions that may come up. Medicare.gov says Medicare covers voluntary advance care planning as part of your “Welcome to Medicare” and yearly “Wellness” visits, and may also cover it as part of medical treatment.
• Share copies. After completing advance directives, NIA suggests making copies, storing them in a safe place, and giving copies to your health care proxy, your health care providers, and your lawyer.
• Keep talking. Wishes can change over time. Keep your proxy and your providers up to date.

For a personal situation — a specific illness, a family disagreement, or a move between states — talk with a lawyer or your health care provider. This page cannot decide those questions for you.

• Advance care planning — discussing and preparing for future decisions about your medical care, in case you become seriously ill or unable to communicate your wishes (NIA).
• Advance directive — a legal document that provides instructions for medical care, and only goes into effect if you cannot communicate your own wishes (NIA).
• Living will — an advance directive that tells doctors how you want to be treated if you cannot make your own decisions about emergency treatment (NIA).
• Health care proxy — a person who can make health care decisions for you if you are unable to communicate them yourself; also called a representative, surrogate, or agent (NIA).
• Durable power of attorney for health care — the advance directive document that names your health care proxy (NIA).