What Is a Living Will — How It Differs From a Will and How to Prepare One

Many people confuse a living will with a regular will. A will is about how your property is distributed after death. A living will is about how your body is treated at the end of life — when you can no longer express your own wishes. Should doctors perform CPR? Should they intubate? Should they put you on a ventilator? If you don't decide these things in advance, your family will have to make the hardest decisions of their lives outside an ER. Further reading: How to Write a Will.

Living Will vs. Will — What's the Difference

In one sentence: a will governs property; a living will governs your body. A will takes effect after death, dealing with real estate, savings, and digital assets. A living will takes effect while you are alive but have lost consciousness, dealing with medical treatment choices. The two are completely independent — you can and should prepare both. A complete life plan includes a will (property), a living will (medical wishes), and a digital will for your digital assets.

The Legal Landscape in China and Abroad

China has no national law on living wills. In June 2022, the Shenzhen Municipal People's Congress revised the Shenzhen Special Economic Zone Medical Regulations, becoming the first mainland Chinese jurisdiction to introduce advance directives at the local-regulation level — allowing competent adults to make written instructions in advance about end-of-life medical care. This applies only within the Shenzhen Special Economic Zone. In the United States, all 50 states recognize some form of advance directive, though requirements vary. The federal Patient Self-Determination Act (PSDA) of 1990 requires healthcare providers receiving federal funding to inform patients of their right to make advance directives. In other regions, consult a local lawyer about enforceability.

What a Living Will Should Cover

• CPR — Whether to attempt resuscitation if your heart stops
• Intubation and mechanical ventilation — Whether to use a ventilator if you cannot breathe on your own
• Tube feeding — Whether to provide nutrition through a tube if you cannot eat
• Dialysis — Whether to perform kidney dialysis in case of renal failure
• Organ donation — Whether to donate usable organs after death
• Healthcare proxy — Who is authorized to make decisions for you if you lose capacity
• Hospice preference — Whether to choose palliative care over aggressive treatment at the end of life

How to Prepare a Living Will

China has no unified signing authority or standard format. A practical approach: write your wishes in a document, sign and date it, and have two disinterested witnesses (not heirs or beneficiaries) co-sign. If possible, notarize it — a notarized living will carries greater evidentiary weight. The most important step: give copies to your family, your primary doctor, and your designated healthcare proxy. A living will locked in a drawer may as well not exist when the moment comes.

Talking With Family Matters More Than Writing It Down

Even a perfectly drafted living will is useless if your family doesn't know about it, understand it, or agree with it. The most common conflict: a spouse and parents disagree on whether to keep trying. Before signing, have an honest conversation with all core family members — explain why you made these choices and ask them to respect your wishes. Document everything and pair it with your end-of-life planning.

How a Living Will Fits With Your Digital Estate

A living will covers medical wishes, a will covers property, and a digital will covers account passwords — three separate domains that together form a complete life plan. Store your living will alongside your digital estate checklist, insurance policy information, and emergency contacts, encrypted and set to release via heartbeat detection. That way, if you lose contact, your family receives everything they need at once. Further reading: Heartbeat Detection and Posthumous Messaging.

This article is for end-of-life planning and general knowledge only; it does not constitute legal or medical advice. Recognition of living wills varies across Chinese regions and U.S. states. For important decisions, consult a qualified lawyer, physician, or relevant institution.