A Free Living Will Template, Explained Section by Section
What a living will must contain, a plain-text template you can copy, and the witnessing rules that make it valid in the US, Australia and the UK.
A living will is a written statement of the medical treatment you want, and do not want, if you can no longer speak for yourself. To create one: state your treatment preferences, appoint a health care agent, then sign it in front of the witnesses your state or country requires. The free template below covers every section.
This guide is general information, not legal advice. Living will requirements are set by each US state, each Australian state and territory, and each UK nation, and they change over time. Before you sign anything, check your local statutory form or ask a lawyer licensed where you live.
You do not need to pay for a living will template. Every US state publishes free statutory forms, Australian states publish free advance care directive forms, and the UK has free advance decision templates. The hard part is the content: what to write, what the medical terms mean, and which formalities make the document legally effective rather than a well-meant note. That is what this guide walks through. For the bigger picture first, start with our plain-English living will guide.
What this guide covers:
What a living will is, and what it is not
The seven sections every living will needs
A free plain-text living will template you can copy
How the rules differ across the US, Australia and the UK
Witnessing and notarization rules
How to create a living will, step by step
Common mistakes that invalidate living wills
The digital companion step most people miss
What a living will is, and what it is not
A living will answers one question only: which medical treatments you consent to, or refuse, if you are alive but cannot decide for yourself. It typically applies once doctors certify that you have a terminal condition, an end-stage condition, or permanent unconsciousness. It has no power over your money, property or funeral wishes, and it stops mattering the moment you die. Because the names are so similar, it is worth separating the documents people mix up:
Document | What it covers | When it applies |
|---|---|---|
Living will (a type of advance directive) | The medical treatment you accept or refuse, in your own words. | While you are alive but unable to decide or communicate. |
Last will and testament | Who inherits your property, who administers your estate, guardians for children. | Only after death. |
Health care power of attorney (health care proxy) | Names a person, your agent, to make medical decisions for you. | While you are alive but unable to decide. |
DNR or POLST (medical orders) | An order about resuscitation or treatment, signed by a clinician. | In an emergency; paramedics follow these, not living wills. |
In many places the living will and the health care power of attorney are combined into a single document called an advance directive. California's form and the Australian advance care directive forms both work this way, and the template below combines them too, because a named human agent is the single most useful thing you can add. Property and inheritance belong in your last will; our estate planning checklist covers that side.
One more distinction worth making early: a living will speaks for your body. It says nothing about your voice, your stories, or what your family gets to keep of you. That digital half of the handover is covered at the end of this guide, and it is free to start: 50 memories, no card. Details are on the pricing page.
The seven sections every living will needs
Statutory forms differ in layout and vocabulary, but nearly all of them ask for the same seven things. If your document covers these, you have covered the substance.
1. Your declaration
State your full legal name, address and date of birth, confirm you are of sound mind, and say that this document speaks for you when you cannot. This anchors the document to you and establishes capacity at signing.
2. When it takes effect
A living will does not apply just because you are unconscious in surgery. Most forms activate only when one or two physicians certify that you have a terminal condition, an end-stage condition, or permanent unconsciousness, and that you cannot express your own wishes. Spell out the trigger; vague documents force doctors and families to guess when your words start to count.
3. Treatment preferences
This is the core. Address specific interventions by name: cardiopulmonary resuscitation (CPR), mechanical ventilation, tube feeding (artificial nutrition), artificial hydration, dialysis, and antibiotics whose only purpose is to prolong life. For each, you can accept it, refuse it, or accept it for a trial period and ask that it be withdrawn if it is not working. Blanket phrases like "no heroic measures" have no clinical meaning.
4. Pain relief and comfort care
State this plainly: keep me comfortable and free of pain even if other treatment is withdrawn, and even if the medication may unintentionally shorten my life. Comfort care (palliative care) continues even when life-sustaining treatment stops, and saying so in writing spares your family from feeling they are choosing between dignity and care.
5. Organ donation and personal wishes
Optional, but this is a natural place to record whether you wish to donate organs or tissue. Register with your national or state donor registry as well, because a living will is sometimes read too late for donation decisions. Some people also add brief personal notes here: dying at home, religious or cultural observances, who should be called.
6. Your health care agent
Name the person who will speak for you, plus an alternate. Choose someone who can advocate calmly under pressure and will honour your wishes even if they disagree with them; that is not always your next of kin. Ask them before you name them, give them a copy, and talk them through your reasoning; an agent who has heard you explain your choices is harder to argue past than paper alone.
7. Signature, witnesses and date
The formalities section: your signature, the date, and the witness or notary blocks your jurisdiction requires. This is where most homemade living wills fail, so the rules get their own section below.
A free living will template you can copy
Copy the text below into a document and adapt the bracketed parts. Where an official statutory form exists (most US states publish one, as do several Australian states), prefer the official form and use this template as your worksheet: the thinking transfers directly.
LIVING WILL AND HEALTH CARE DECLARATION
(Adapt the bracketed parts, then check this against
your state or country's official form before signing.
A starting point, not legal advice.)
1. DECLARATION
I, [full legal name], of [address], born [date of
birth], being of sound mind, make this declaration
of my wishes for medical treatment. If I become
unable to make or communicate my own health care
decisions, I direct those responsible for my care
to follow the instructions below.
2. WHEN THIS DOCUMENT APPLIES
These instructions apply if my attending physician
and one other qualified physician certify that I
have [a terminal condition / an end-stage condition
/ permanent unconsciousness] and that I cannot
express my own wishes.
3. LIFE-SUSTAINING TREATMENT
If this document applies, I direct that
(initial ONE):
[ ] I receive all treatments that could prolong
my life.
[ ] Life-sustaining treatment be withheld or
withdrawn, including (initial all that apply):
[ ] cardiopulmonary resuscitation (CPR)
[ ] mechanical ventilation
[ ] tube feeding (artificial nutrition)
[ ] artificial hydration
[ ] dialysis
[ ] antibiotics whose only purpose is to
prolong life
4. COMFORT CARE
Even if life-sustaining treatment is withheld or
withdrawn, I ask to be kept clean, warm and free
of pain, with medication for comfort even if it
may unintentionally shorten my life.
5. ORGAN AND TISSUE DONATION (optional)
[ ] I wish to donate: [any needed organs and
tissue / only the following: __________].
[ ] I do not wish to donate.
6. PREGNANCY (if this could apply to you)
If I am pregnant when this document would take
effect, my instructions are: [state your wishes;
some US states limit a living will's effect
during pregnancy].
7. HEALTH CARE AGENT
I appoint [name], [relationship], of [address],
phone [number], as my health care agent, to make
medical decisions for me consistent with this
document. If they are unable or unwilling to act,
I appoint [alternate name], [relationship], phone
[number], as alternate agent.
8. SIGNATURE
Signed: ______________________ Date: ____________
[Sign only in front of the witnesses, or the
notary, that your state or country requires.]
9. WITNESSES / NOTARY
Witness 1: name ____________ signature __________
Witness 2: name ____________ signature __________
[Add a notary acknowledgment block here if your
state requires or accepts notarization.]Do not sign it yet. A signature only counts when the witnessing formalities are right, and those depend entirely on where you live.
How the rules differ: US states, Australia and the UK
The same idea goes by different names and different legal rules depending on the country, and inside federations like the US and Australia, the state. Here is the landscape as of mid-2026:
Region | What it is called | Key formalities |
|---|---|---|
United States | "Living will" or "advance directive", defined by each state's statute. Every state and DC recognises some form. | Most states: two adult witnesses. Some accept a notary instead (Texas); a few require witnesses and a notary (North Carolina). Age 18+ in most states. |
Australia | "Advance care directive" (SA, NSW, Victoria) or "advance health directive" (Queensland, WA). Set by state and territory law; NSW recognises common-law directives with no prescribed form. | Witnessing varies by state. Queensland requires a doctor to certify capacity plus an eligible witness; Victoria requires two adult witnesses, one a registered medical practitioner. |
England and Wales | "Advance decision to refuse treatment" (ADRT) under the Mental Capacity Act 2005. Sometimes still called a living will. | If it refuses life-sustaining treatment it must be written, signed and witnessed, and must state that it applies "even if life is at risk". Age 18+. |
Scotland and Northern Ireland | Recognised mainly under common law and professional guidance rather than a dedicated statute in force. | Follow the written, signed and witnessed pattern and take local advice. |
Two practical notes for Americans. Portability: many states honour an out-of-state directive so far as it is consistent with their own law, but that is a patchwork, not a guarantee; redo your documents when you move. Vocabulary: some states fold the living will and the agent appointment into one statutory advance directive, others keep separate forms. Either structure works.
For Australians, the umbrella process is called advance care planning, and each state health department publishes its own form and witnessing rules. Our guide to advance care planning walks through the conversation itself: how to work out what you want before you commit it to a form.
In England and Wales, an advance decision is a legally binding refusal of specific treatments, while an advance statement is a non-binding record of wishes and values. A health and welfare Lasting Power of Attorney made after your advance decision can give your attorney authority over the same treatments, overriding the earlier document, so keep the two consistent.
Witnessing and notarization: getting the signature right
In the US, the most common rule is two adult witnesses. States then restrict who may witness: your health care agent, relatives, heirs, your attending physician or employees of your care facility may be disqualified, depending on the state. A directive witnessed by the wrong person can be refused at exactly the moment it is needed.
A few concrete examples of how much this varies:
California: two adult witnesses or acknowledgment before a notary public; residents of skilled nursing facilities also need a patient advocate or ombudsman as a witness (Probate Code, division 4.7).
Texas: the Directive to Physicians may be signed before two competent adult witnesses or acknowledged before a notary (Health and Safety Code, chapter 166).
Florida: two witnesses, at least one of whom is neither a spouse nor a blood relative (Florida Statutes, section 765.302).
North Carolina: two qualified witnesses and acknowledgment before a notary, one of the strictest combinations in the country (General Statutes, section 90-321).
Notarization is therefore not a universal US requirement: check your statute rather than assuming. If you split your time between two states, satisfy the stricter set of formalities, or execute each state's own form.
In Australia, witnessing rules are baked into each state form. Queensland requires an eligible witness (such as a justice of the peace, commissioner for declarations, lawyer or notary) and a doctor's certificate that you understood the document. Victoria requires two adult witnesses, one of them a registered medical practitioner. In England and Wales there is no notary requirement at all: an advance decision refusing life-sustaining treatment needs your signature and one witness, plus the express "even if life is at risk" wording.
How to create a living will in seven steps
Get the right form for where you live. Download your state's statutory form (US), your state health department's advance care directive form (Australia), or a free advance decision template (England and Wales). Use the template above as your working draft.
Talk to your doctor. Ten minutes with your GP about what CPR, ventilation and tube feeding look like for someone with your health history will sharpen every choice.
Choose your agent and an alternate. Ask them properly, and tell them what you want and why. The conversation matters as much as the form.
Write your preferences. Work through the seven sections: trigger conditions, specific treatments, comfort care, donation, pregnancy if it could apply, agent, formalities. Name treatments, not sentiments.
Sign it with the exact witnesses your jurisdiction requires. And the notary, where required or chosen. Get this step wrong and nothing above it counts.
Distribute copies. Your agent and alternate, your GP or primary physician, your hospital record, and a findable place at home. A wallet card noting that a directive exists, and where, helps in an emergency; a safe deposit box is the one place it should never live.
Review it after any of the five Ds: a new decade, a death in the family, a divorce, a new diagnosis, or a decline in health. Update, re-sign with fresh witnesses, and destroy superseded copies.
A living will is one document inside a wider plan. Our guide to end-of-life planning puts it alongside the other pieces: the last will, powers of attorney, funeral wishes and the practical handover.
Common mistakes that quietly defeat living wills
The wrong witnesses. A beneficiary, your agent, or your treating doctor witnessing the form invalidates it in many US states. Read the witness rules before anyone signs.
Vague language. "No heroic measures" and "let me go peacefully" give doctors nothing to act on. Name the treatments.
No agent named. Paper cannot answer questions at 2am. A living will without a health care agent leaves your family negotiating with a document.
Conflicting documents. An older directive, a DNR, or (in England and Wales) a later Lasting Power of Attorney can contradict your living will. Keep one current version and destroy the rest.
Nobody can find it. A perfectly executed directive in a locked drawer protects no one. Copies with your agent and doctor are what get honoured.
It expired in practice. A decade-old form from a state you no longer live in, written before your diagnosis, invites doubt exactly when you need certainty.
Expecting it to work like a DNR in an emergency. Paramedics follow medical orders such as a DNR or POLST, not living wills. If out-of-hospital resuscitation matters to you, ask your doctor whether a medical order is appropriate as well.
Thinking it covers property. It does not. Inheritance, guardianship and executors belong in your last will and estate plan.
The companion step: hand over more than your medical choices
A living will hands your family your medical decisions. It does nothing for everything else they will need from you. There are two companion steps worth doing while the paperwork is out.
The practical one: an inventory of your accounts, subscriptions and digital assets, with instructions for what happens to each. Our digital will guide for the US explains how to do this properly, including the state laws that govern who can access your accounts.
The human one: your stories, your voice, the way you explain things. Afterlife AI™ is a digital legacy app where you build a Persona in your own words while you are alive and well, preserve your voice with your explicit consent, and use Executor Lock™ to decide exactly what loved ones can reach later. Those choices are sealed and never changed after death. It is the same spirit as a living will: your wishes, recorded while you can still record them, honoured precisely afterwards. Start free: 50 memories, no card, no time limit, with one Trusted Contact and Executor Lock™ setup included.
Frequently asked questions
Is a living will legally binding?
Generally yes, when executed correctly. Every US state recognises some form of advance directive, and a properly witnessed living will must be honoured within the terms of state law. In England and Wales, a valid and applicable advance decision to refuse treatment is legally binding under the Mental Capacity Act 2005. In Australia, directives are binding for treatment refusals in most states. In every case, validity depends on the local formalities.
What is the difference between a living will and a last will and testament?
A living will covers medical treatment while you are alive but unable to decide; it has no effect on property and expires at death. A last will and testament covers property, inheritance, guardianship and executors, and only takes effect after death. You need both, they are signed under different rules, and one cannot do the other's job.
Do I need a lawyer to create a living will?
Usually not. US statutory forms, Australian state forms and UK advance decision templates are free and designed for ordinary people to complete. A lawyer is worth involving if your medical situation is complex, if family conflict is likely, or if you want your living will coordinated with a broader estate plan. What no one needs is a paid "template" of the same free form.
Does a living will need to be notarized?
It depends where you live. Most US states require two adult witnesses; some, like Texas, accept a notary as an alternative; a few, like North Carolina, require witnesses and a notary. Australia uses prescribed witnesses rather than notaries, and in England and Wales an advance decision needs a witness but never a notary. Check your own state or country's rule rather than assuming.
Will my living will work in another state or country?
Not reliably. Many US states honour out-of-state directives to the extent they are consistent with local law, but the rules are a patchwork. Between countries there is no general recognition at all. If you move, or split your time between jurisdictions, execute a fresh document that satisfies the rules where you actually receive care.
How do I change or cancel a living will?
You can revoke or replace a living will at any time while you have capacity, in most places by destroying it, signing a new one, or clearly communicating a revocation. The practical part matters more: destroy superseded copies, tell your agent and your doctor, and make sure the version on file at your hospital is the current one.
What does a living will not cover?
Money, property, inheritance and executors (your last will), financial decision-making while you are alive (a financial power of attorney), emergency resuscitation orders followed by paramedics (a DNR or POLST signed by a clinician), and your digital accounts, memories and voice. Each needs its own document or tool; the living will only carries your treatment wishes.
What should I do once my living will is signed?
Give copies to your agent, alternate and doctor, get it into your hospital or health-system record, keep a findable copy at home, and diarise a review after any major life change. Then close the other half of the handover: your accounts, stories and voice. With Afterlife AI you can start free, 50 memories, no card, and set up Executor Lock™ so the people you choose can reach what you choose, and nothing more.