You Compare List Is Empty

Pick a few items to see how they stack up.

Your Fave List Is Empty

Add the money tools you want to keep an eye on.

Menu Products

How to Set Up a Living Will or Advance Directive

Disclosure: The article may contain affiliate links from partners who may compensate us. However, the words, opinions, and reviews are our own. Learn how we make money to support our mission.

A lot of people assume loved ones will just know what to do in a medical crisis. Sometimes they do. But sometimes the hardest decisions come when no one is fully sure what you would have wanted. That is where a living will or advance directive becomes so important. It helps put your healthcare wishes into writing before a crisis forces others to guess.

In this guide, you’ll learn how to set up a living will or advance directive so your care preferences are clearer, your loved ones are better prepared, and your healthcare planning works alongside the rest of your estate documents.


TL;DR: Quick Decision Guide

  • If you want your healthcare wishes respected when you cannot speak for yourself → set up a living will or advance directive now.
  • If you already chose a healthcare proxy or surrogate → this document helps that person understand your wishes more clearly.
  • If you are waiting until you are older or sick → do not, because this planning is really about clarity, not age.
  • If the legal language feels intimidating → start by thinking through your values and care preferences first.
  • If you already have one of these documents → review it to make sure it still reflects your wishes and state requirements.


Why This Document Matters

A living will or advance directive is a document that expresses your healthcare wishes if you are unable to communicate them yourself. The exact name can vary by state, and some states combine several healthcare instructions into one form.

In practical terms, this document can help explain:

  • what kinds of medical treatment you would or would not want in certain situations
  • who should speak for you, if your state includes that in the form or connects it to related documents
  • how your values should guide medical decisions if you cannot speak for yourself

This matters because a healthcare crisis can move fast. Loved ones may be emotional. Doctors may need direction. A written document helps reduce guesswork and gives your healthcare proxy, surrogate, or family clearer guidance.

In plain English, this document helps answer: If I cannot speak for myself, what would I want?

👉 Compare: Estate Planning Tools in the Marketplace →


Before You Start: Know What This Document Is and Is Not

Before setting it up, it helps to understand what this document does.

A living will or advance directive is usually meant to:

  • express your medical care preferences
  • guide loved ones and healthcare providers
  • support your healthcare proxy or surrogate
  • reduce uncertainty during serious illness or incapacity

It is usually not meant to:

  • replace a healthcare proxy or surrogate choice if a separate document is needed
  • act as a financial document
  • cover every possible medical situation in perfect detail
  • replace legal advice if your situation is more complex

This step matters because the document works best when you treat it as a practical guide to your wishes, not as a magic form that solves every issue by itself.

👉 Learn: How to Talk to Loved Ones About Your Healthcare Wishes


Step 1: Learn What Your State Calls the Document

The first practical step is to identify the correct document name and format for your state.

Depending on where you live, the document may be called:

  • a living will
  • an advance directive
  • an advance healthcare directive
  • another state-specific variation

Your state may also handle healthcare decision-making documents in one combined form or in separate forms.

This step matters because the title, format, signing requirements, witness rules, and notary rules can vary by state. You want to make sure you are working from the right form for where you live.

If you already have a document from another state, that is a reason to review it carefully instead of assuming it still works exactly as intended.


Step 2: Think Through Your Healthcare Values Before Filling Out the Form

Before writing anything, take a step back and think about what matters most to you.

Ask yourself:

  • What matters most to me in a serious medical situation?
  • How do I think about quality of life?
  • What kinds of treatment would I want if recovery were unlikely?
  • What kinds of care would feel supportive, and what would feel like too much?
  • What would I want my loved ones to understand about how I think through difficult healthcare decisions?

This step matters because a good living will is not only about checking boxes. It should reflect your values, not just your fear of making the wrong choice.

You do not need a perfect answer to every scenario. You do need enough clarity to express your general wishes honestly.


Step 3: Choose or Confirm Your Healthcare Decision-Maker

A living will or advance directive works best when it lines up with the person you trust to speak for you.

That may be:

  • your healthcare proxy
  • your healthcare surrogate
  • your medical power of attorney
  • another related healthcare decision-maker, depending on your state

Ask:

  • Have I already chosen the right person?
  • Does this person know my values?
  • Have I actually talked to them?
  • Does my written care guidance match what I would want them to say on my behalf?

This step matters because written instructions and human judgment often need to work together. Your document gives guidance. Your chosen person may need to apply that guidance in real-world circumstances.


Step 4: Complete the Form Carefully

Once you have the right form and have thought through your wishes, fill it out carefully.

As you complete it, pay attention to:

  • the exact sections asking about treatment preferences
  • any sections naming your healthcare decision-maker if included
  • optional sections for additional instructions
  • witness or notary requirements
  • signature dates
  • whether the form needs to be printed and signed physically

Do not rush through language you do not understand. Slow down and make sure the form actually reflects what you want to say.

This step matters because the document is only helpful if it is completed clearly and properly.

👉 Related: How to Create a Master File for Your Family


Step 5: Add Personal Notes if the Form Feels Too Limited

Some official forms are concise. That can be helpful, but it can also leave people wanting to explain more.

If allowed, you may want to add:

  • a brief statement of values
  • personal notes about what matters most to you
  • context that helps your loved ones understand your preferences
  • a short companion note for your healthcare proxy or family

This should not replace the form itself, but it can help support it.

For example, you may want to explain:

  • why certain choices matter to you
  • how you think about comfort, dignity, or independence
  • what you hope your loved ones understand if difficult decisions arise

This step matters because formal documents can sometimes feel mechanical. A little personal clarity can make them easier to interpret in a real situation.


Step 6: Sign It the Right Way

This is one of the most practical steps, and one of the easiest to overlook.

Make sure you follow:

  • your state’s signing rules
  • witness requirements
  • notary requirements if applicable
  • any restrictions on who can witness the document

This step matters because an unsigned or improperly completed document may create confusion or lose practical value when it is needed most.

Do not assume that filling out the form is enough. Finalizing it properly is part of setting it up.


Step 7: Share It With the Right People

A living will or advance directive cannot help much if no one knows it exists.

Once it is signed, make sure the right people know:

  • that the document exists
  • where the original is stored
  • where copies are stored
  • how to access it if needed

At minimum, consider sharing it with:

  • your healthcare proxy or surrogate
  • your spouse or partner
  • adult children if appropriate
  • your doctor or healthcare provider if possible
  • the person who manages your master file or emergency sheet

This step matters because clarity is not just about having the document. It is about making sure the right people can actually use it.


Step 8: Store It Where It Can Be Found Quickly

Your living will or advance directive should be stored somewhere secure but findable.

Good places to connect it include:

  • your estate planning binder
  • your master file
  • a secure digital folder
  • your emergency information sheet
  • a document file that your healthcare proxy knows how to access

Also note:

  • where the original is kept
  • where copies are stored
  • whether a doctor or medical provider has a copy

This step matters because healthcare decisions can arise quickly. A document buried too deeply may not help when timing matters most.


Step 9: Talk Through It With Your Loved Ones

This document gets much stronger when it is supported by conversation.

Talk to:

  • your healthcare proxy or surrogate
  • your spouse or partner
  • close family members if appropriate

You do not have to script every medical scenario. Just explain:

  • what matters most to you
  • why you completed the document
  • what you hope they understand
  • where the document can be found

This step matters because forms are helpful, but conversations help people carry out your wishes with more confidence and less second-guessing.

Smile Money Tip: A living will becomes much more useful when the people closest to you have already heard your voice explaining what matters most.


Step 10: Review It After Major Life or Health Changes

Your care preferences may stay steady for years, or they may evolve.

Review your living will or advance directive after:

  • marriage or divorce
  • major health changes
  • a serious diagnosis
  • the death or unavailability of your healthcare proxy
  • moving to a new state
  • major changes in your values, family, or care priorities
  • updates to your broader estate plan

Even without a major change, an occasional review is a smart habit.

This step matters because the best document is not just legally completed. It still reflects who you are and what you want now.


Simple Living Will or Advance Directive Setup Checklist

StepWhat to Do
1identify the correct state form
2think through your healthcare values and priorities
3confirm who should speak for you if needed
4complete the form carefully
5add personal context if helpful
6sign it according to state rules
7share it with the right people
8store it in your master file and emergency system
9talk through your wishes
10review it after major changes

Worked Example

Elaine is 64, healthy overall, and has already chosen her daughter as her healthcare surrogate. But she realizes that if a serious medical event happened, her daughter would still have to make decisions without much written guidance.

So Elaine decides to set up an advance directive.

She starts by finding the correct form for her state. Before filling it out, she thinks through what matters most to her in a serious medical situation. She wants comfort, clarity, and care that aligns with her quality-of-life values. She completes the form, signs it properly, and adds a short personal note to help her daughter understand the heart behind the document.

Then she stores the original with her important papers, adds a copy to her master file, and notes its location on her emergency information sheet. Most importantly, she has a real conversation with her daughter about what she wants.

Elaine does not just complete a form. She creates guidance someone she loves can actually use.


Common Mistakes to Avoid

  • Waiting until a health crisis to think about it
    The point is to create clarity before stress takes over.
  • Completing the form without understanding your own values first
    The document should reflect what matters to you.
  • Assuming the form alone is enough
    Conversation and storage matter too.
  • Forgetting state-specific signing or witness rules
    Finalizing it properly matters.
  • Never sharing it with the right people
    A document no one can find is much less useful.

FAQs on Setting Up a Living Will or Advance Directive

  1. What is the difference between a living will and an advance directive?

    The exact wording can vary by state. In many cases, both refer to documents that express healthcare wishes if you cannot communicate them yourself.

  2. Do I still need a healthcare proxy if I have a living will?

    Often yes. The written document gives guidance, while the healthcare proxy or surrogate may help apply that guidance in real situations.

  3. When should I set up an advance directive?

    As soon as you are ready to express your wishes clearly. This planning is about preparation, not age.

  4. Where should I keep my living will or advance directive?

    Keep it somewhere secure but easy for the right people to find, such as your master file, estate binder, or a secure digital folder tied to your emergency planning system.


Final Thought

Setting up a living will or advance directive is one of the clearest ways to bring your healthcare values into writing before someone else has to make hard decisions in the dark. It does not remove every difficult moment, but it can replace a lot of uncertainty with clarity. That is a real gift to the people who may one day need to speak for you.

Next Steps:

Share the knowledge:

Author Bio

Picture of Jason Vitug

Jason Vitug

Jason Vitug is the founder and CEO of phroogal. His writings explore the intersection of money, wellness, and life. Jason is a New York Times reviewed author, speaker, and world traveler, and Plutus-award winning creator. He holds an MBA from Norwich University and a BS in Finance from Rutgers University. View my favorite things
Picture of Jason Vitug

Jason Vitug

Jason Vitug is the founder and CEO of phroogal. His writings explore the intersection of money, wellness, and life. Jason is a New York Times reviewed author, speaker, and world traveler, and Plutus-award winning creator. He holds an MBA from Norwich University and a BS in Finance from Rutgers University. View my favorite things