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EAGAN, Minn., Mar. 9 -- Only 36 percent of Americans have a living will, spelling out whether they want life-sustaining medical care in case they are terminally ill or incapacitated, according to a new survey by FindLaw, the most-visited legal Web site (www.findlaw.com). Sixty-two percent of Americans say they lack a living will. Two percent did not know or had no answer.

A living will is a document in which a person can indicate his or her instructions in advance as to what medical treatments he or she wishes to receive in the event of terminal illness or permanent unconsciousness. Under certain conditions, it permits doctors to withhold or withdraw life support systems. In the absence of a living will, medical care decisions are generally made by a spouse, guardian, health care agent or a majority of parents and children. But if family members and doctors have difficulty deciding on medical care, the matter could be decided in court.

In a much-publicized Florida case, the parents of a severely brain-damaged woman and Governor Jeb Bush are fighting in court with the woman's husband. The Florida Legislature passed a bill specifically allowing Governor Bush to order that a feeding tube be re-inserted into Terri Schiavo after her husband had it removed. Schiavo's husband has been battling in court for years contending that she would not have wanted to be kept alive artificially. Her parents say they doubt that she had any such end-of-life wishes.

"I've seen instances where, in the absence of a living will, family members can't agree on what to do," says James Kosakow, an attorney with Kove & Kosakow in Westport, Conn. "A living will can help you be in charge of your own destiny, and not leave critical decisions to chance or the unknown in the event you become incapacitated or terminally ill. Living wills and other health care directives let you specify which treatments you want, and who will make decisions when you're not able to."

FindLaw offers the following tips for creating a living will:

Make sure your living will conforms to your state's laws
A living will must meet specific legal requirements. For example, some states require it contain specific language and be signed in the presence of two qualified witnesses as well as certified by a notary public or a clerk of the superior court.

Make clear, consistent choices
To be effective, the document should specify not only whether you want extraordinary life-saving measures, but also whether you wish to receive pain medication, artificial nutrition or hydration.

Store extra copies
Keep the original in a place where family members can easily find it. If your state law allows, you may wish to sign several copies, have each witnessed and certified, and give an original to the appropriate people, such as family members and family physicians. However, if you change your mind and revoke or change your living will, make sure you destroy all originals and copies.

Appoint a health care agent
You may wish to designate a specific person as your health care agent by signing a health care power of attorney or general durable power of attorney document. The health care agent will then have the authority to carry out your wishes and make decisions regarding your care.

Review your living will if you move
A living will may not be valid if you move to another state. If you spend a significant amount of time in another state, you may want to sign a living will for each state. However, in some states, this may invalidate previously signed living wills.

Consult an estate-planning attorney
Living wills and powers of attorney may be invalidated or contested if there are errors or problems conforming to state law. You can find a qualified, experienced estate-planning attorney in your area using online lawyer directories such as FindLaw (http://lawyers.findlaw.com).

NOTE TO EDITORS: The national survey used a representative sample of 1,000 adults nationwide, with a margin of error of plus or minus three percentage points, and was conducted by Ipsos Public Affairs.