Advance Directive Form, Free Download 2026

By Jessica Henwick, Editor-in-ChiefLegally reviewed by David Chen, Esq.
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When Do You Need a Advance Directive?

You are an adult who wants to document your wishes regarding life-sustaining medical treatment, including mechanical ventilation, artificial nutrition, CPR, and dialysis, in the event you become terminally ill, permanently unconscious, or otherwise unable to communicate your healthcare decisions. An advance directive form ensures your medical team and family members know exactly what treatments you do and do not want when you cannot speak for yourself.

You are preparing a complete estate plan and need an advance directive to complement your power of attorney form form download and living trust form download, ensuring that both your financial affairs and healthcare wishes are addressed in the event of incapacity. These three documents together form the core of a complete incapacity plan.

You have been diagnosed with a serious or chronic illness and want to ensure your treatment preferences are documented and legally binding before your condition progresses to a point where you can no longer make or communicate decisions. Early documentation prevents crisis-driven decision-making by family members who may not know your wishes.

You are scheduled for a major surgical procedure and want to ensure that your doctors and family members know your wishes regarding resuscitation, mechanical life support, and palliative care in the unlikely event of serious complications during or after the surgery.

You are a caregiver or family member helping an aging parent or relative document their end-of-life care preferences, reducing the risk of family conflicts and ensuring the patient's autonomy is respected even when they can no longer speak for themselves. This healthcare directive template provides a structured way to have these difficult but essential conversations.

You are a healthcare professional who wants to lead by example by completing your own advance directive, recognizing that even medical professionals can be incapacitated by accident or illness without warning. Having your wishes documented spares your family from guessing under extreme emotional pressure.

📋 Statutory Requirement: Under the HIPAA Privacy Rule (45 CFR § 164.510), your healthcare agent needs explicit authorization to access your medical records. Include a HIPAA release authorization in your advance directive to ensure your agent can communicate with doctors and obtain the medical information needed to make informed decisions on your behalf.

⚠ State-Specific Note: An advance directive from one state may not be honored in another. If you split time between states or travel frequently, consider executing advance directives that comply with each state's specific requirements. The Uniform Health-Care Decisions Act has been adopted by many states but not all.

What Should a Advance Directive Include?

Living Will Declaration

The living will component is the section where you state your specific wishes regarding life-sustaining treatment under defined medical circumstances. Most advance directives address three triggering conditions: terminal illness (an incurable condition that will result in death within a relatively short time), permanent unconsciousness (a persistent vegetative state with no reasonable expectation of recovery), and end-stage condition (an irreversible condition that prevents meaningful recovery). For each condition, you indicate whether you want life-sustaining treatments continued, withheld, or withdrawn, and whether you want comfort care (palliative measures) only.

Specific Treatment Preferences

Beyond the general living will declaration, a thorough advance directive addresses specific medical interventions individually, allowing you to accept some treatments while declining others. Key treatment categories include: cardiopulmonary resuscitation (CPR), mechanical ventilation (breathing machine), artificial nutrition and hydration (feeding tubes and IV fluids), dialysis (kidney machine), antibiotics for life-threatening infections, blood transfusions, and surgery. Addressing each treatment separately provides your healthcare team with clear, actionable guidance rather than leaving them to interpret a general directive.

Healthcare Agent Designation

Many advance directive forms include a healthcare proxy or medical power of attorney section that names a healthcare agent authorized to make medical decisions on your behalf when you are unable to do so. This person should be someone you trust completely, who understands your values, and who is willing to advocate for your wishes even under emotional pressure from family members or medical staff. Name at least one successor agent in case your primary agent is unavailable. This designation works alongside, but serves a different function from, a last will and testament template, which addresses property distribution after death rather than medical decisions during incapacity.

Organ and Tissue Donation Preferences

Include your wishes regarding anatomical donation: whether you consent to the donation of your organs and tissues for transplantation, your body for medical research or education, or specific organs only. Specify any limitations or conditions. While organ donation decisions can also be made through driver's license designations and the national donor registry, documenting your wishes in your advance directive ensures they are available to your healthcare agent and medical team as part of a single unified document.

Personal Values Statement

A values statement is an optional but highly recommended section that provides context for your medical decisions by explaining the beliefs, experiences, and priorities that inform your treatment preferences. Topics might include your views on quality of life versus length of life, your religious or spiritual beliefs about death and dying, your feelings about being dependent on others for basic care, and what "meaningful recovery" means to you personally. This narrative guidance is invaluable when your healthcare agent faces an unanticipated scenario not specifically addressed by your treatment preferences.

Execution Requirements

To be legally valid, an advance directive must comply with your state's execution requirements. Most states require the signature of two adult witnesses who are not related to you, not named as beneficiaries in your will, not your healthcare agent, and not employed by your healthcare facility. The Affordable Care Act requires Medicare-participating hospitals to inform patients about their right to execute advance directives upon admission. Many states also require or recommend notarization. Some states have specific statutory forms that must be used or substantially followed. Using a state-compliant form and meeting all execution requirements ensures your advance directive will be honored by healthcare providers.

Legal Details: Key Clauses in a Advance Directive

Declarant
1.1

I, [____________] ("Declarant"), a resident of [____________] County, State of [_____________], being of sound mind and acting of my own free will, make this Advance Directive to express my wishes regarding medical treatment in the event I become unable to communicate my own decisions.

Living Will Declaration
2.1

If at any time I have a terminal condition, am in a persistent vegetative state, or have an end-stage condition, as certified by two (2) licensed physicians, and I am no longer able to make or communicate decisions regarding my medical treatment, I direct that: [life-sustaining treatment be withheld or withdrawn / all available medical treatment be provided / the following specific instructions be followed: ____________].

Healthcare Agent Appointment
3.1

I hereby appoint [____________] (the "Healthcare Agent") to make healthcare decisions on my behalf if I become unable to make or communicate such decisions myself. If my Healthcare Agent is unable or unwilling to serve, I appoint [____________] as Successor Healthcare Agent. My Healthcare Agent's authority becomes effective only upon my incapacity as determined by my attending physician.

Agent Powers
4.1

My Healthcare Agent shall have the authority to: (a) consent to, refuse, or withdraw any medical treatment; (b) access my medical records and protected health information under HIPAA; (c) select and discharge healthcare providers; (d) authorize admission to or discharge from any medical facility; (e) make decisions regarding organ and tissue donation; and (f) make all other healthcare decisions on my behalf consistent with my known wishes.

Life-Sustaining Treatment
5.1

Regarding life-sustaining treatment, I direct as follows: Artificial nutrition and hydration: [Provide / Withhold / Agent decides]. Mechanical ventilation: [Provide / Withhold / Agent decides]. Cardiopulmonary resuscitation (CPR): [Provide / Withhold / Agent decides]. Dialysis: [Provide / Withhold / Agent decides]. Antibiotics: [Provide / Withhold / Agent decides]. I direct that comfort care and pain management always be provided.

Pain Management
6.1

I direct that I receive adequate pain relief and comfort care at all times, even if such treatment may hasten my death. I wish to be kept as comfortable and free from pain as possible, with dignity preserved.

Organ Donation
7.1

Upon my death, I [do / do not] wish to donate my organs and tissues for transplantation, research, or education. If I wish to donate, I authorize the donation of: [all organs and tissues / only the following: ____________]. My Healthcare Agent [may / may not] override this decision.

Revocation
8.1

I may revoke this Advance Directive at any time by: (a) executing a written revocation; (b) destroying this document; (c) verbal revocation in the presence of a witness; or (d) executing a new Advance Directive. Revocation is effective upon communication to my attending physician or healthcare provider.

Execution and Witnesses
9.1

I sign this Advance Directive voluntarily, of my own free will, being of sound mind. I understand its purpose and effect. This Advance Directive is executed in accordance with the laws of the State of [_____________].

9.2

We, the undersigned witnesses, declare that the Declarant signed this Advance Directive in our presence, that the Declarant appears to be of sound mind and under no duress, and that neither of us is: (a) the Declarant's Healthcare Agent; (b) a healthcare provider or employee thereof; (c) an operator or employee of a healthcare facility where the Declarant is a patient; or (d) related to the Declarant by blood, marriage, or adoption.

Governing Law
10.1

This Advance Directive shall be governed by the laws of the State of [_____________], including the [state health care decisions act / natural death act / applicable statute]. A copy of this Advance Directive shall have the same force and effect as the original.

Signature Requirements

Wet Ink Signature Required

Advance directives (living wills) are excluded from ESIGN/UETA. Wet ink signature and witnesses are required in most states.

Notarization Recommended2 Witnesses Required

Most states require wet ink signature with 2 witnesses. Some states require notarization instead of or in addition to witnesses.

Related Estate Planning Templates

A advance directive is often used alongside other estate planning documents. Depending on your situation, you may also need:

Power of Attorney Template

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Free Healthcare Power of Attorney Form

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Download Last Will and Testament

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Living Trust Template

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Free Joint Revocable Trust Form

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Download Trust Amendment

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Generate a custom advance directive with AI instead

How to Fill Out a Advance Directive

1

Enter Your Personal Information

Fill in your full legal name, date of birth, and address. This identifying information ensures the advance directive can be definitively linked to you in a medical emergency. If you have previously executed an advance directive, include a statement revoking all prior advance directives to prevent conflicts between documents.

2

Complete the Living Will Treatment Preferences

For each triggering medical condition (terminal illness, permanent unconsciousness, end-stage condition), indicate whether you want life-sustaining treatment to be provided, withheld, or withdrawn. Then address each specific treatment category individually: CPR, mechanical ventilation, artificial nutrition and hydration, dialysis, antibiotics, and surgery. Take time to research and reflect on each option; discuss them with your physician if possible, as they can explain the medical realities of each intervention.

3

Designate Your Healthcare Agent

Enter the full name, address, phone numbers (home, work, cell), and email address of your primary healthcare agent. Designate at least one successor agent with the same contact details. Before naming someone, have an in-depth conversation with them about your values and wishes to confirm they are willing to serve and capable of making difficult decisions under emotional pressure. Grant the agent broad authority to make healthcare decisions not specifically addressed in the living will portion.

4

Document Organ Donation and Additional Wishes

Indicate your preferences for organ and tissue donation: whether you consent to donate all organs and tissues, only specific organs, or decline donation entirely. Add any additional instructions regarding pain management preferences, preference for dying at home versus a healthcare facility, spiritual or religious practices you want observed, and whether you want family members present during your final hours.

5

Write Your Personal Values Statement

In your own words, describe what quality of life means to you, what conditions you consider worse than death, your spiritual or philosophical views on end-of-life care, and any personal experiences that inform your decisions. This statement provides your healthcare agent and medical team with the context they need to make decisions that honor your wishes in situations you did not specifically anticipate.

6

Execute the Document Properly

Sign and date the advance directive in the presence of two qualified witnesses who meet your state's requirements. Have the document notarized if your state requires or recommends it. Distribute copies to your healthcare agent, successor agent, primary care physician, any specialists involved in your ongoing care, the hospital where you are most likely to receive treatment, and close family members. Keep the original in an accessible location rather than a safe deposit box, which may not be accessible in an emergency.

Free Template vs Custom Advance Directive

FeatureFree TemplateCustom (AI or Attorney)
Basic living will declaration
Specific treatment preferences (CPR, ventilation, etc.)
Healthcare agent designation
Successor agent provisionsCritical backup if primary <strong>agent</strong> is unavailable-
Personal values statement sectionGuides decisions in unanticipated scenarios-
Organ donation preferences
State-specific statutory form complianceRequirements vary significantly by state-
HIPAA authorization for agent accessAllows <strong>agent</strong> to access your medical records-

Key Facts About Advance Directive Documents

Advance directive specifies medical wishes for incapacity.

Living will addresses end-of-life treatment preferences.

Healthcare proxy designates someone to make medical decisions.

Advance directive must be signed while person is competent.

State law governs advance directive form requirements.

Key Legal Terms in a Advance Directive

advance directiveliving willhealthcare proxymedical power of attorneyend-of-life careDNR orderlife-sustaining treatmentincapacitypatient autonomyPOLST

When a Free Template Is Not Enough

Free templates cover standard situations, but a professionally drafted advance directive accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted advance directive with a custom quote based on your situation.

Advance Directive Template FAQ

What is the difference between an advance directive and a DNR order?
An advance directive is a detailed legal document that covers a broad range of medical treatment preferences for situations when you cannot communicate, including mechanical ventilation, artificial nutrition, dialysis, and surgery. It also designates a healthcare agent to make medical decisions on your behalf. A Do Not Resuscitate (DNR) order is a specific medical order signed by a physician that instructs healthcare providers not to perform CPR if your heart stops or you stop breathing. A DNR only addresses resuscitation; an advance directive or living will form addresses your full spectrum of healthcare wishes. Many people have both: the advance directive provides your overall treatment philosophy, while the DNR translates one specific preference into a physician order that emergency personnel can follow immediately. Some states use a POLST (Physician Orders for Life-Sustaining Treatment) form that converts advance directive preferences into actionable medical orders.
What is another name for a healthcare agent?
Your healthcare agent (also called a healthcare proxy or medical power of attorney) should be someone you trust completely to follow your wishes, even when emotionally difficult decisions must be made under extreme pressure. The ideal agent is a person who understands your values and medical preferences, can communicate assertively with doctors and hospital staff, is geographically accessible (they may need to be present at the hospital), and is emotionally capable of making life-and-death decisions. Many people choose a spouse, but that is not always the best choice if your spouse would be too emotionally overwhelmed to advocate effectively. Consider a trusted adult child, sibling, or close friend. Always name at least one alternate agent in case your primary agent is unavailable. Discuss your wishes in detail with your agent before finalizing your advance directive.
What medical treatments can I address in an advance directive?
A thorough advance directive allows you to accept or decline specific medical interventions individually, giving your healthcare team clear guidance rather than forcing them to interpret vague instructions. Key treatments you can address include: cardiopulmonary resuscitation (CPR), mechanical ventilation (breathing machine), artificial nutrition and hydration (feeding tubes and IV fluids), kidney dialysis, antibiotics for life-threatening infections, blood transfusions, surgery, chemotherapy, and organ or tissue donation preferences. You can also specify comfort care preferences, including pain management, palliative sedation, and hospice care. Many people create different instructions for different medical scenarios: they might accept all treatments for a reversible condition but decline life support for a terminal illness or permanent unconsciousness.
Does an advance directive expire?
In most states, an advance directive does not expire and remains valid indefinitely unless you revoke it or execute a new one. However, a few states have specific durational limits. For example, some states require periodic reaffirmation of the directive after a certain number of years, and directives executed during a pregnancy may have special provisions. Even where there is no legal expiration, healthcare providers and family members may question the relevance of a very old directive, particularly if your medical circumstances have changed significantly since it was signed. Best practice is to review and reaffirm your advance directive every three to five years and after any major medical diagnosis, surgery, or life event. When you update, execute a completely new document and distribute copies to your healthcare agent, physician, hospital, and family members.
Can an advance directive be changed or revoked?
Yes, you can revoke or modify your advance directive at any time as long as you are mentally competent to do so. Most states allow revocation by any of these methods: executing a new advance directive (which automatically supersedes prior versions), physically destroying the document, creating a written revocation, or verbally revoking the directive in the presence of a witness. Verbal revocation is accepted in most states because legislatures recognize that a person may need to change their mind in a hospital setting without access to paperwork. After revoking, notify your healthcare agent, physician, and anyone else who holds a copy. If you want to modify specific provisions rather than revoke entirely, execute a new advance directive that includes all of your current preferences and includes an explicit statement revoking all prior versions.
Will my advance directive be honored if I travel to another state?
Most states have laws recognizing advance directives executed in other states, either by explicit statute or through general comity principles. However, practical challenges can arise. A receiving state may honor your out-of-state directive only to the extent it does not conflict with that state's own laws and public policies. Some states have specific requirements about healthcare agent authority, restrictions on withholding artificial nutrition, or mandatory waiting periods that may differ from the state where your directive was executed. If you spend significant time in multiple states, consider executing advance directives that comply with the laws of each state. At minimum, carry a copy of your advance directive when traveling and ensure it is accessible to emergency medical personnel. The Advance directive builder can create state-specific documents for each state where you reside or travel frequently.
How often should I update my advance directive?
Review your advance directive at least every three to five years and after any major life event: a serious medical diagnosis, surgery, hospitalization, marriage, divorce, death of your designated healthcare agent, birth of children or grandchildren, or a significant change in your values or beliefs about medical care. If your designated healthcare agent moves far away, becomes ill, or you lose confidence in their ability to advocate for your wishes, update the agent designation immediately. Your financial power of attorney form and Living trust template form should be reviewed on the same schedule. When you update, execute a new document with a statement revoking all prior versions, and distribute new copies to everyone who received the original.

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