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Indestata > Debt > 10 Things You Should Never Include in Your Living Will
Debt

10 Things You Should Never Include in Your Living Will

TSP Staff By TSP Staff Last updated: August 20, 2025 7 Min Read
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A living will is one of the most important documents you’ll ever create, guiding your loved ones and medical team when you can’t make decisions yourself. Done right, it provides peace of mind and clarity. Done wrong, it can cause confusion, delays, or even legal disputes that make a difficult time harder for your family. Many people unknowingly include items in their living will that don’t belong there, weakening its effectiveness. To protect your wishes, here are 10 things you should never include in your living will.

1. Funeral Arrangements

Funeral instructions do not belong in a living will because the document is usually read after medical care decisions are complete. By the time it’s reviewed, decisions about burial or cremation may already have been made. Instead, these wishes should be included in a separate document or pre-arrangement plan. Keeping funeral instructions out of your living will avoids confusion and ensures your medical preferences remain the focus. This keeps the document legally sound and easier for loved ones to follow.

2. Financial Instructions

A living will should only address medical treatment preferences, not financial matters. Including bank account details, bill payments, or inheritance instructions is a mistake. Those issues should be covered by a financial power of attorney or a last will and testament. Mixing them into a living will could complicate its legal standing. Keeping documents separate ensures clarity and prevents disputes.

3. Everyday Care Requests

Requests like what meals you prefer or how often you want to be bathed don’t belong in a living will. These are considered personal care instructions, not life-sustaining medical decisions. Such details can be addressed in a different document, like an advance care directive or personal letter of instruction. Adding them to your living will could clutter the document and confuse healthcare providers. The focus should remain on critical medical choices, not daily routines.

4. Vague or Conflicting Language

Unclear language creates uncertainty in stressful situations. Phrases like “no extreme measures” or “keep me comfortable” can mean different things to different people. Medical professionals need specific, legally recognized instructions to act appropriately. Conflicting language may even render parts of your living will invalid. Using precise terms recommended by legal or medical advisors ensures your wishes are followed accurately.

5. Organ Donation Preferences

Although organ donation is an important choice, it doesn’t belong in your living will. That’s because organ donation decisions need to be accessible immediately at the time of death. A living will is usually consulted later in the medical process, making it ineffective for this purpose. Instead, register as an organ donor with your state or include instructions on your driver’s license. This ensures your decision is honored in a timely manner.

6. Non-Medical Wishes for Family

Many people are tempted to add personal notes or guidance for family members, such as how to handle property or family disagreements. These heartfelt instructions don’t belong in a legal medical document. Including them in a living will can weaken its clarity and cause unnecessary legal issues. Such wishes are better suited for personal letters or estate planning documents. Keeping them separate helps your living will remain straightforward and enforceable.

7. Outdated or Irrelevant Medical Requests

Medical technology changes quickly, and outdated instructions can complicate your care. For example, mentioning treatments no longer in use or refusing care for conditions that are now easily treatable may hurt you in the future. A living will should focus on broad, current categories of care, like life support or artificial nutrition. Being too specific with outdated terms can leave providers uncertain about your true intentions. Reviewing and updating your document regularly helps keep it relevant.

8. Naming a Healthcare Proxy

A living will should not double as a healthcare power of attorney. These are two separate legal documents with different purposes. A healthcare proxy is named in a separate document that grants authority to make decisions on your behalf. Mixing these roles in a living will can lead to disputes about who has decision-making power. Keeping documents separate ensures both clarity and legal strength.

9. Instructions That Break the Law

Including illegal requests in your living will can invalidate parts of the document. For instance, asking for assisted suicide in a state where it is not legal will not be honored. This could also create confusion and delay in carrying out your legitimate wishes. Always ensure your living will complies with state laws. Consulting an attorney can help you avoid problematic instructions.

10. Excessive Detail on Minor Treatments

Some people add pages of detail about minor medical treatments, like antibiotics or pain medications. Overloading the document with specifics can overwhelm healthcare providers and obscure your core wishes. Living wills are designed to cover major life-sustaining decisions, not every possible treatment scenario. Excessive detail also increases the chance of conflict between instructions. Focusing only on critical care issues keeps your living will effective and easy to follow.

Keeping Your Living Will Clear and Effective

Your living will should be focused, legally sound, and free of unnecessary details that could cause confusion. Avoiding financial instructions, funeral plans, or conflicting language helps ensure your wishes are honored exactly as intended. Keeping separate documents for finances, funeral preferences, and healthcare proxies strengthens your overall plan. Reviewing your living will regularly keeps it aligned with your current values and medical standards. With clarity and proper guidance, your living will can truly protect both you and your loved ones.

Have you reviewed your living will recently to remove unnecessary or confusing details? Share your thoughts in the comments below.

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