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Living Wills and MOLST Forms

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“Living Wills and MOLST Forms” by Attorney Cristol Wagner (Audio)

What is the difference between a Living Will and a MOLST form? This is one of the most common questions clients ask us when discussing Living Wills and their function as part of a comprehensive estate plan.

A Living Will functions in conjunction with a Health Care Power of Attorney. In a Health Care Power of Attorney, you name the individuals that you would want to make medical decisions for you if you are ever unable to do so yourself. They are your agents and they must act in line with the decisions you outline in your Living Will. 

A Living Will contains written instructions regarding your preferences for medical care in case you are ever unable to make health care decisions for yourself. These healthcare decisions include whether or not you would like to be kept alive using methods such as artificial hydration and nutrition, whether you would like to receive medication for pain, whether you would like to be an organ donor and more. These decisions usually become important when a doctor determines that you have an end-stage or terminal condition. 

If you are ever in such a situation, the agents you have named in your Health Care Power of Attorney will use your Living Will to guide their decision-making during that difficult time. This gives your agents peace of mind, knowing they are acting in line with your wishes. 

Please note that a Living Will is a legal document that our firm can prepare for you, reflecting your preferences for medical care. The form requires your signature and the signature of two witnesses to go into effect. 

A MOLST form on the other hand, also known as “Medical Orders for Life-Sustaining Treatment,” must be completed by a medical provider. Similarly to a Living Will, this form increases the likelihood that your wishes regarding life-sustaining treatment will be honored. The MOLST form instructs medical providers on different things than the Living Will. For example, a MOLST form can prevent emergency medical personnel from performing CPR or giving you a blood transfusion, but a Living Will cannot. The MOLST form is more specifically tailored to your medical situation and is directed towards medical providers. The Living Will, however, gives a general framework for decision-making and is directed toward your chosen decision-makers and your medical providers. 

At Sinclair Prosser Gasior, we can assist you by preparing your Living Will. If you have any questions about creating a comprehensive estate plan or updating your existing plan, including your Living Will and other health care documents, please contact us today! 

Jon J. Gasior, Estate Planning Attorney
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About Jon J. Gasior, Estate Planning Attorney

His personal experience with family and the problems that resulted from their failure to create an estate plan resulted in his desire to learn more about this area of the law. From his work in the Elder Law Clinic, he further realized the need to plan not only for death, but also for incapacity during their lifetime. About the Author !