What Is a Living Will?

A living will is a document that lets you decide, in advance, whether you want life-sustaining treatment if you are ever dying or permanently unconscious and cannot speak for yourself. In Washington, this document is called a health care directive, and it is authorized by a statute called the Natural Death Act. For families in Snohomish County, it is one of the kindest things you can do, sparing your loved ones from having to guess your wishes during a medical crisis. This topic is part of Washington advance healthcare directives.

A Living Will by Its Washington Name

Most people say "living will," but Washington law uses the term directive, or health care directive. The governing statute is the Natural Death Act, chapter 70.122 RCW. The idea behind it is simple and humane: a competent adult should be able to state ahead of time that they do not want their dying artificially prolonged when there is no realistic hope of recovery, and doctors and family should be able to honor that wish. Related guides cover What Is a Healthcare Power of Attorney? and Can I Change My Advance Directive?.

It is important to be precise about what a living will does. It is your own written instruction about treatment. It does not appoint another person to make decisions for you. That second function, naming a health care agent, is handled by a different tool, which is discussed below.

When a Living Will Applies

A health care directive does not control everyday medical care, and it does not come into play just because you are sick. Under the definitions in RCW 70.122.020, it operates in two specific situations: a terminal condition or a permanent unconscious condition.

The statute defines a terminal condition as an incurable and irreversible condition caused by injury, disease, or illness that, within reasonable medical judgment, will cause death within a reasonable period of time, and where life-sustaining treatment serves only to prolong the process of dying. A permanent unconscious condition is defined as an incurable and irreversible condition in which the patient, within reasonable medical judgment, has no reasonable probability of recovery from an irreversible coma or a persistent vegetative state. Only when a person reaches one of these states, confirmed by physicians, does the directive govern.

The treatment at issue is also defined. Under RCW 70.122.020, life-sustaining treatment means any medical intervention using mechanical or other artificial means, including artificially provided nutrition and hydration, that serves only to prolong the process of dying. Notably, the statute makes clear that life-sustaining treatment does not include medication or procedures provided solely to relieve pain. A living will lets you decline machines that only postpone death, while comfort care and pain relief continue.

How to Create a Valid Living Will

Washington keeps the execution requirements clear. Under RCW 70.122.030, any adult may execute a directive directing the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition. The directive must be signed by the person making it, and it must be either acknowledged before a notary public or signed in the presence of two qualified witnesses. The notary option and the two-witness option are alternatives, so meeting either one satisfies the statute.

When the witness route is used, the witnesses must be qualified. Under RCW 70.122.030, a witness may not be related to the person by blood or marriage, may not be entitled to any part of the person's estate under a will or by law, may not be the attending physician or an employee of the physician or of the health facility where the person is a patient, and may not be anyone with a claim against the estate. These rules exist to guard against anyone with a financial or professional conflict influencing such a serious decision.

You Can Change Your Mind Anytime

A living will is not a one-way door. Under RCW 70.122.040, a directive may be revoked at any time by the person who made it, and the statute is striking on this point: revocation is effective without regard to the person's mental state or competency. You can revoke by destroying the document, by a signed and dated written revocation, or by verbally expressing your intent to revoke to your attending physician, and there is also a method for directives stored in the state registry. The law deliberately makes it easy to take back, because the choice to decline life-sustaining treatment should always remain yours.

Living Will Versus Health Care Power of Attorney

People often confuse two different documents, and it helps to keep them straight. A living will, the health care directive under chapter 70.122 RCW, is your own written instruction about life-sustaining treatment in a terminal or permanently unconscious state. A durable power of attorney for health care, by contrast, appoints a person, your health care agent, to make medical decisions for you across a much broader range of situations when you cannot decide for yourself. The Natural Death Act itself recognizes that a person may also exercise their health care rights through an agent holding a durable power of attorney.

The two work best together. A health care directive speaks to the specific end-of-life question, while a health care agent can respond to the many medical decisions a static document cannot anticipate. Many complete plans include both, so that your wishes are recorded and a trusted person is empowered to apply them.

Why It Matters

Without a living will, decisions about whether to continue or stop life-sustaining treatment fall to your family and physicians, often in an emotional, high-pressure moment, with no clear record of what you would have wanted. That uncertainty can lead to conflict among the people you love and to outcomes you might not have chosen. A health care directive replaces guesswork with your own voice, and it gives your family the relief of knowing they are honoring your wishes rather than deciding for you.

If you want to put a living will in place, or you would like a complete plan that pairs a health care directive with a health care power of attorney, the Law Office of Chad Foster can help Snohomish County families prepare documents that reflect their wishes and meet Washington's requirements. Reach out to start the conversation.