I originally shared this content back in late 2023. Sadly, it looks like things haven’t improved much.
If you don’t have a living will, please take a moment to read the following to understand why you should. It’s easy to get one, and it is a genuine act of kindness for those you love. Back in late 2023, a friend of mine was her neighbor’s driver to a gastro appointment at a bustling practice. During the hour or so my friend sat in the waiting room, she estimated she saw at least 40 to 50 patients register with the receptionist. She said most appeared to be in their 50s to early 80’s. Each person being checked in was asked about insurance coverage, date of birth, etc. One question got my friend’s attention. Each was asked if they had a living will. While my friend didn’t keep a “tick sheet” for accuracy, she relayed to me later (knowing this is an area of interest for me) that no more than 3 to 5 people replied “yes.” If we’re being generous here, let’s say 5 out of 40 said yes. That’s 13% of the patients who had a living will.
Fast forward to April 2026, and the latest statistics show that only about 31% of adults have a living will or advance health care directive in case they are unable to make their own medical decisions. So, while better than our “waiting room” stats of 13%, it means 69% still don’t have one.
HERE’S A BASIC DEFINITION OF A LIVING WILL FROM OHIO STATE UNIVERSITY: A living will is a written, legal document that ensures that an individual’s end-of-life wishes are honored (COA of Southwestern Ohio 2022). It contains instructions for the medical treatments an individual would or would not want to keep them alive, as well as preferences for other medical decisions, such as pain management or organ donation. Under Ohio law, a living will declaration is applicable only to individuals in a terminal condition or who are permanently unconscious with no reasonable possibility of regaining the capacity to make an informed decision about health care options (National Hospice and Palliative Care Organization 2022).
WHAT ARE THE BENEFITS OF HAVING A LIVING WILL (OR WHY SHOULD YOU HAVE ONE?) Having one can help alleviate the stress, burden, and conflict experienced by family members. Plus, it can protect your loved ones, healthcare professionals, and others who must make critical decisions concerning a prolonged dying process.
WHAT IS THE RISK OF NOT HAVING A LIVING WILL? I always tell my clients that having a living will is the loving thing to do for your family. By not having one, they risk burdening their loved ones with a decision they shouldn’t have to make. They also risk leaving their loved ones to fight over the decision, perhaps causing lifelong estrangement. Or, if we think about the money, an individual’s estate can be drained very quickly by using it to fund artificial life support … even when there is no hope. That probably isn’t how you imagined your estate being used. A living will is not the ONLY legal document you should have. Still, it is relatively easy to create with the help of an experienced estate planning attorney like myself. Why not consider protecting your loved ones from the stress and trauma of trying to guess your wishes? Please don’t put that burden on them. Call 513-399-7526 or visit my website at www.davidlefton.com and use the calendar function there. Let’s check this one off your list.