Does a Living Will Expire?

By Wayne Thomas

A living will provides you with the freedom to determine how medical decisions should be made in the event you become unable or unwilling to make them for yourself. The document also allows you to appoint a health care representative to act on your behalf to carry out these wishes. Although state laws can vary, living wills generally do not expire while you are alive, absent special circumstances or your express intent.

A living will provides you with the freedom to determine how medical decisions should be made in the event you become unable or unwilling to make them for yourself. The document also allows you to appoint a health care representative to act on your behalf to carry out these wishes. Although state laws can vary, living wills generally do not expire while you are alive, absent special circumstances or your express intent.

Living Wills

In most states, you are free to revoke a living will by simply communicating your intentions to your healthcare provider or attending physician. However, the document also can become ineffective if it is challenged and declared invalid by a court. For example, if you failed to follow the proper requirements under state law when you created the living will, such as not having the minimum number of witnesses, a court could rule it is invalid. Also, if you designated your spouse to be your health care representative, some states automatically remove her if you get divorced, unless you specifically provide otherwise in the document.

Protect your loved ones. Start My Estate Plan
Protect your loved ones. Start My Estate Plan
Is a Living Will Valid After Death?

References

Related articles

Can the Next of Kin Overrule a Living Will?

How to Write a Florida Living Will

The State of Ohio Health Care Power of Attorney

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Does a Living Will Replace a Will?

Statutory Will V. Living Will

Are Living Wills Legal in Florida?

Definition of a Legal Will

Browse by category
Ready to Begin? GET STARTED