On this page
Advance Directive: Living Wills, Proxies, and DNRs
An advance directive records your healthcare wishes for times when you cannot make or communicate decisions. A living will states treatment preferences. A healthcare power of attorney names a person to decide for you. Your state may use separate forms or combine these functions.
By Settled Estate Editorial Team
What an Advance Directive Covers
“Advance directive” describes documents that record healthcare choices ahead of time. A living will and a healthcare power of attorney, also called a healthcare proxy, serve different purposes. MedlinePlus explains these forms. A DNR is a medical order about resuscitation.
A healthcare proxy handles medical decisions. A financial power of attorney covers the money matters it authorizes. Compare their roles in the estate planning document guide and see how they fit into an estate plan.
On this page
Living Wills and Healthcare Proxies Compared
| Document | What it does | Who creates it |
|---|---|---|
| Advance directive | Umbrella term for the documents that state your health care wishes | You |
| Living will | States which treatments you want or refuse if terminally ill or permanently unconscious | You |
| Health care power of attorney (proxy) | Names a person to make medical decisions when you cannot | You |
| DNR (do not resuscitate) | A medical order not to perform CPR if your heart or breathing stops | An authorized healthcare provider after discussing the decision |
| POLST | A medical order for the seriously ill covering CPR and other treatments | An authorized healthcare professional with the patient or representative |
A living will and healthcare proxy document record your instructions and choice of decision-maker. DNR and POLST forms are medical orders. MedlinePlus describes DNR orders; Oregon POLST resources illustrate how medical-order rules differ from advance-directive rules. The professionals who may sign depend on the state.
What Each One Does
- Living will. Your written instructions about treatments such as life support, tube feeding, and resuscitation, for situations where you are near the end of life and cannot speak. It guides your doctors and your agent.
- Health care power of attorney. Names a trusted person (your agent, proxy, or surrogate) to make medical decisions for you when you cannot, including situations your living will does not spell out. The agent can address treatment questions the written instructions do not cover.
- DNR order. A medical order directing staff not to attempt CPR if your heart or breathing stops. It covers resuscitation; other treatment choices need separate instructions.
- POLST (Portable Orders for Life-Sustaining Treatment). A portable medical order for people who are seriously ill or frail, covering CPR plus choices about hospitalization and other treatment. It travels with the patient between care settings.
How to Make One
The steps are similar across states, though the form and the signing rules differ:
- Decide your wishes, and choose a health care agent and a backup who will honor them.
- Check which forms your state uses for treatment wishes and appointment of a healthcare agent. Some states combine them.
- Follow the state form instructions for signing, witnesses, and notarization.
- Give copies to your agent, your doctor, and close family, and keep the original where it can be found.
Your healthcare provider, hospital, or state agency may offer forms. MedlinePlus describes advance-care planning and sharing copies. The estate planning checklist includes healthcare documents alongside financial planning tasks.
Use the document-location sheet to note where the current directive is kept.
Your State Advance-Directive Guide
The exact form, the terms your state uses (living will, health care proxy, or combined directive), and the signing rules vary. Open your state’s guide for the local specifics:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently Asked Questions
What is the difference between a living will and an advance directive?
Advance directive is a broad term for documents recording healthcare wishes. A living will states treatment preferences for the circumstances it covers. A healthcare power of attorney names a decision-maker. State forms may combine these functions or use separate documents.
What is the difference between an advance directive and a DNR?
An advance directive records healthcare wishes or names an agent. A DNR, or do-not-resuscitate order, tells healthcare staff not to attempt CPR if breathing or the heartbeat stops. An authorized healthcare provider writes the order after discussing it with the patient or appropriate representative. A DNR does not decide other treatment choices.
Do I need a lawyer to make an advance directive?
Usually not. Most states publish a free statutory advance-directive form, and many hospitals and online services provide one. A lawyer is helpful when your wishes are complex, when you want the directive to fit alongside a will or trust, or when family disagreement is likely. Whatever the source, the document has to be signed and witnessed or notarized the way your state requires.
Does an advance directive expire?
Check your document and state law for any expiration, revocation, or replacement rules. Review it when your wishes, health, or chosen agent changes. Tell your healthcare team and agent about updates so they have the current document.
What happens if I do not have an advance directive?
If you cannot make healthcare decisions, state law determines who may act and how providers identify that person. Family relationships, available representatives, and disputes can affect the process. A court appointment may be needed in some situations. A directive helps record your wishes and preferred agent.
Information current as of September 8, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.