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    6 min read 6 stepsMay 8, 2026Verified May 2026

    How to Write an Advance Care Directive

    Plain-language guide to filling out a living will and health care power of attorney so your wishes are respected in a medical emergency.

    At a Glance

    Category
    Government & Civic
    Difficulty
    Intermediate
    Read Time
    6 min read
    Steps
    6
    Topics covered
    advance directive
    living will
    power of attorney
    estate planning
    medicare
    legal
    1

    Download the Right Form for Your State

    ~35s
    Open a browser and go to CaringInfo.org. Click the link labeled State-by-State Advance Directives. Select your state from the drop-down menu. The site provides the official form and instructions free of charge. Print the form on plain white paper. Some states accept a typed version, but printing is safer because witnesses must sign next to your signature in the same ink session. If you live in two states for part of the year, fill out a form for each state because rules differ.

    Quick Tip

    Veterans can also use the VA Advance Directive form, called VA Form 10-0137, which is recognized in every state and at every VA hospital.

    2

    Choose a Health Care Agent You Trust

    ~43s
    The first big decision is who will speak for you if you cannot speak for yourself. Pick one person and one backup. Choose someone who knows your values, lives close enough to come quickly in a crisis, can stay calm during stress, and is willing to follow your wishes even if family members disagree. The right choice is not always your oldest child or your spouse. It is the person most likely to honor what you actually want, not what they want for you. Talk with your chosen agent first. Make sure they accept the role. Give them a copy of the signed document.

    Warning

    Do not pick your doctor, your nurse, or any employee of the hospital or nursing home where you receive care. Most states forbid those choices to prevent conflict of interest.

    3

    Fill Out the Living Will Section

    ~39s
    The living will lists the kinds of treatments you would accept or refuse if you became permanently unconscious or terminally ill. Common questions ask about CPR, ventilators, feeding tubes, kidney dialysis, antibiotics, and comfort medicines. Read each question slowly. For each item, you can usually pick yes, no, or let my agent decide. There is no right answer. Your answers should reflect what matters most to you. If you would rather be at home in your own bed for your last days than be kept alive by machines in a hospital, the form is where you say so.

    Quick Tip

    If a question feels unclear, write notes in the margin or add a separate sheet labeled Additional instructions. Hospitals will read both.

    4

    Sign and Witness the Document

    ~36s
    Most states require two witnesses to watch you sign. Witnesses must be adults who are not your health care agent, not related to you by blood or marriage, and not standing to inherit anything from your estate. Neighbors, coworkers, or friends from church work well. Some states also require a notary public to stamp the document. Notaries are available at banks, credit unions, UPS stores, and many libraries, often for free or for a small fee. Sign and witness in one sitting. After signing, make at least five copies.

    Warning

    An unsigned form has no legal weight. Many families learn this only after a parent has lost the ability to sign. Do not put it off.

    5

    Share Copies With the Right People

    ~37s
    Distribute copies to five places: your health care agent, your backup agent, your primary doctor, your local hospital records department, and at least one trusted family member. Keep the original in a safe but findable spot. A locked filing cabinet at home is fine. A safe-deposit box at the bank is not because the box is often inaccessible during an emergency. Many states also offer a free advance directive registry where you can upload the document for emergency access. Ask your doctor's office if your state has one.

    Quick Tip

    Wallet cards are available from CaringInfo.org. The card says you have a directive on file and lists your agent's phone number. Carry it with your driver's license.

    6

    Review and Update Every Few Years

    ~35s
    Pull the directive out for review every two or three years, after any major life change, and after any new serious diagnosis. Marriages, divorces, deaths, and moves all matter. So does a change in your own thinking. If you decide you want different treatments than before, fill out a fresh form, sign it, and shred the old copies in the homes of your agent, doctor, and hospital. Always write the date clearly on the new form so doctors know which version to follow.

    Quick Tip

    Pair the directive review with another yearly task you already do, such as filing taxes or renewing the car registration, so you do not forget.

    You Did It!

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    An advance care directive is a written set of instructions about the medical care you do or do not want if you cannot speak for yourself. The most common kind has two parts. The first part is a living will, which spells out which treatments you would accept and which ones you would refuse in serious situations. The second part is a health care power of attorney, which names one person, sometimes called a health care agent or proxy, to make medical decisions on your behalf when you cannot. Together, these two documents protect your wishes, ease the load on your family, and give doctors clear guidance during a crisis.

    Fewer than half of American adults over 65 have written one of these documents, even though hospitals and emergency rooms ask for them every day. Without an advance directive, decisions about ventilators, feeding tubes, and resuscitation fall to whichever family member is in the room, often during the most stressful hours of their lives. Disagreements among siblings, second spouses, and adult children can turn a quiet hospital visit into a years-long court case. A signed directive prevents most of that.

    Good news: every state has its own free form. And you do not need a lawyer to fill it out in most states. Forms are available on state government websites, AARP, and CaringInfo.org. Most forms take 30 to 60 minutes to complete. They need a signature, two witnesses in most states, and sometimes a notary stamp. Witnesses cannot be the person you name as your health care agent. And they often cannot be relatives by blood or marriage.

    This guide walks through the parts of an advance directive, the choices each section asks you to make, and the conversations to have with your family before you sign. We also cover where to store the document so it is found when needed and how to update it as your health or wishes change. Plan one quiet afternoon to make your first draft and a second visit, perhaps with a family member, to finalize and sign.

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    advance directive
    living will
    power of attorney
    estate planning
    medicare
    legal

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