How Much Does a Living Will Cost?
Key takeaways:
A living will is a legal document that ensures you have a say in your end-of-life healthcare decisions if you are physically unable to express your wishes.
The cost of creating a living will can range from $0 to more than $1,000. What you pay depends on whether you do it yourself or hire an attorney. Where you live and the complexity of your situation can also affect the cost.
If you want an attorney to create your living will, you may be able to find free or low-cost services through legal aid programs.
An accident or health emergency can threaten your life and render you unable to share your wishes regarding medical treatment.
A living will can outline your preferences about medical interventions, in case you can’t communicate them yourself. A living will is a type of advance directive, a legal document that shares your wishes about your healthcare.
You may be able to create a living will for free on your own. If you need legal help, hiring an attorney can cost up to $1,000 or more. But you may be able to find low-cost options.
What is a living will?
Having a living will makes your end-of-life healthcare wishes known.
This legal document lets you determine, in advance, whether you will be placed on a ventilator or have a feeding tube inserted in the event of an emergency. Other decisions you might detail in a living will include whether you agree to have CPR, life-sustaining treatment like dialysis, or your organs donated.
Without a living will, those decisions would be made by relatives, your medical team, or an ethics committee if you are unable to communicate your wishes.
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How much does a living will cost?
Depending on the situation, a living will can cost very little to prepare or the expense could exceed $1,000.
A number of factors determine how much you will pay for a living will. You may have the nominal cost of printing a few sheets of paper if you download a free form for your state and complete the document yourself.
Some states require you to have your living will notarized, but doing so regardless of the law is a good idea. Notary fees typically range from $5 to $25, but you may be able to access free notary services through your bank, credit union, or labor union.
If you’re worried that you may make a mistake or you want legal guidance, you can hire a lawyer to prepare your living will. Estate attorneys typically include living wills among their list of services, but other types of lawyers may also be able to help.
If you choose to hire an attorney, costs can vary based on factors such as:
Where you live
Your lawyer’s experience and board certifications
Whether your healthcare wishes are simple or complex
ContractsCounsel, a marketplace of attorneys, surveyed its members and found that living wills typically cost $500 to $750. However, some estate attorneys may charge significantly more or sell living will preparation in a package with other services.
For example, a law practice might charge $2,000 for its standard estate plan, which includes a living will, will, medical power of attorney, and healthcare surrogate designation.
Do insurance plans cover a living will?
Health insurance plans typically do not cover an attorney’s legal fees for a living will. But your plan may cover other resources that can help you prepare one.
Your healthcare provider can help you figure out what types of healthcare decisions you might want to make in advance. And they may also be able to assist you in completing the forms that are required to create a living will in your state.
Medicare Part B covers advance care planning with your healthcare provider, which would include a conversation about creating a living will during your annual wellness visit. Other health insurance plans may also offer this benefit.
Your health insurance plan’s member services department may also be able to provide assistance with living will forms or be able to suggest other resources.
What should I do if I can’t afford a living will?
You don’t have to spend much money to create a living will. The time and nominal fees for finding, printing, and completing your state’s form are likely all that’s required. Though, you may have to pay for notary services.
If you decide to prepare a living will yourself, AARP offers links to forms that are valid in each state, the District of Columbia, and several U.S. territories. And you may be able to take advantage of community programs that walk you through the process of creating your own living will. However, the do-it-yourself option may not be appropriate for you.
If you want or need an attorney to prepare your living will but you can’t afford the legal fees, you may be able to find low-cost options. For example, you may qualify for free or low-cost services from a legal aid agency, law school pro bono clinic, or other pro bono programs in your area.
Your local Area Agency on Aging or state’s department of aging may also be able to help connect you with free or discounted legal services.
The bottom line
A living will is a healthcare directive that expresses your wishes when you can’t do so yourself. If you experience a medical emergency, this document — which is prepared in advance — outlines what efforts can be made to extend your life.
While you can prepare a living will yourself for a minimal expense, hiring an attorney to prepare the document could cost up to $1,000 or more. But you may be able to access affordable legal services through legal aid clinics and pro bono programs.
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References
ContractsCounsel. (2021). Living will cost.
National Institute on Aging. (2022). Preparing a living will.
National Notary Association. (n.d.). 2023 notary fees by state.
