top of page

What Is the Difference Between a Living Will and a Do-Not-Resuscitate Order?

  • Writer: Brian A. Raphan, Esq.
    Brian A. Raphan, Esq.
  • Feb 19, 2019
  • 2 min read

It is a very good idea to create advance directives in order to plan for the possibility that you may one day be unable to make your own medical decisions. In doing so, there can be confusion about the difference between a living will and a "do-not-resuscitate" order (DNR).
While both these documents are advance medical directives, they serve different purposes.

A living will is a document that you can use to give instructions regarding treatment if you become terminally ill or are in a persistent vegetative state and unable to communicate your instructions. The living will states under what conditions life-sustaining treatment should be terminated. If you would like to avoid life-sustaining treatment when it would be hopeless, you need a living will. A living will takes effect only when you are incapacitated and is not set in stone -- you can always revoke it at a later date if you wish to do so.

When drawing up a living will, you need to consider the various care options and what you would like done. You need to think about whether you want care to extend your life no matter what or only in certain circumstances. A living will can dictate when you want a ventilator, dialysis, tube feeding, blood transfusions, and other life- saving or life-prolonging options. 

A DNR is a different document. A DNR says that if your heart stops or you stop breathing, medical professionals should not attempt to revive you. This is very different from a living will, which only goes into effect if you are unable to communicate your wishes for care. Everyone can benefit from a living will, while DNRs are only for very elderly and/or frail patients for whom it wouldn't make sense to administer CPR.

In addition to a living will, you will also need a health care proxy or broader medical directive. 

Contact us to help you get these simple yet important documents in order.

Regards,

Brian


Brian A. Raphan, P.C. 7 Penn Plaza, 8th Floor | New York, NY 10001

 
 
 

Comments


MEMBER:

•National Academy of Elder Law Attorneys

•American Bar Association

•New York State Bar Association

•United States District Court N.Y. Southern District

United States District Court NY Eastern District

•State of New York Unified Court System

•National Alliance of Trust & Estate Professionals

•Temple University • Cardozo Law School New York

•AARP Listed Attorney

• CLC Legal Speakers Bureau

•Better Business Bureau

Alzheimers Foundation of America

RAPHAN LAW PARTNERS, LLP   

7 Penn Plaza, 8th floor

(370 7th Avenue)

(7th Ave/31st St.)

New York, New York 10001

 

Tel: 212-268-8200

Fax: 212-244-3075
info@RaphanLaw.com

Twitter.com/NYCelderlawfirm

Elder Law News Blog

 

Legal membership accredited logos
Lawyers of Distinction in New York, Raphan Law
ssl secure website certificate

*Free consultation for new clients only. The information on this site is not, nor is it intended to be legal advice and does not automatically create an attorney/client relationship. 

On negligence and medical malpractice cases we may participate or partner with other counsel with disclosure to potential client before we or such partnering counsel accept the case.

*No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All OPT-IN requests include text messaging originator opt-in data and consent; this information will not be shared with third parties.           

© 2025  RAPHAN LAW PARTNERS, LLP

bottom of page