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Action vs. inaction regret

Complete an advance directive now vs. deferring until closer to death

If you act

Complete an advance directive now (in middle age)

3.0%

If you don't

Defer advance directive completion

30%

Percentage who later regret each choice. Bars and full ledger render below.


Health

Last reviewed 2026-05-04

Evidence quality 4.0/5

Eight-dimension review score against the quality rubric . Each dimension scored 1–5.

D1 Source verification
4/5
D2 Source authority & independence
4/5
D3 Regret-rate accuracy
3/5
D4 Source comparability
3/5
D5 Gilovich pattern
5/5
D6 Prose quality
5/5
D7 Caveat completeness
4/5
D8 Sample quality
4/5
Average 4.0/5
A flat vector illustration of a blank document and pen resting on a simple desk

Action regret

Complete an advance directive now (in middle age)

3.0%

No significant regret documented among AD completers; literature reports under-completion, not over-completion, as the problem

US adults who completed an advance directive, various settings (Health Affairs, NEJM data)

retrospective, no fixed timeframe

Inaction regret

Defer advance directive completion

30%

30% of families of patients without advance care planning showed clinically significant depression at follow-up (vs 0% with planning)

Bereaved families of elderly hospital inpatients who died without advance care planning (Australia, comparable to US data)

within 3 months post-death

% who regret this choice

inaction dominates — Inaction dominates — most regret not acting.

Related decisions

Semantically similar decisions — same territory, different trade-offs.

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Inaction regret 5.0× higher

familyDirect

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Financial

Estate planning now vs. later

% who regret this choice

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Inaction regret 11.7× higher

family

Nursing home vs home care

% who regret this choice

Action dominates

Action regret 2.3× higher

Health

Aggressive chemo vs. early palliative

% who regret this choice

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DNA ancestry/health test vs. opt out

% who regret this choice

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Inaction regret 4.7× higher

HealthDirect

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% who regret this choice

Inaction dominates

Inaction regret 1.3× higher

family

Egg/sperm freeze vs. wait

% who regret this choice

Inaction dominates

Inaction regret 3.2× higher

Only about one-third of US adults have completed an advance directive, despite the evidence that having one substantially improves the alignment between what patients want at end of life and what they receive. Silveira and colleagues’ 2010 NEJM analysis of 3,746 decedents in the Health and Retirement Study found that, among incapacitated patients who had a living will requesting limited care, 83.2% received care consistent with that preference; the study measured concordance between documented wishes and care, not regret. No published survey has documented significant regret among people who completed an advance directive — the literature treats under-completion, not over-completion, as the problem. The Detering 2010 BMJ randomised trial of advance care planning in 309 elderly hospital inpatients found that, among families of the patients who died, 30% in the no-planning control group showed clinically significant depression versus 0% in the planning group, with similar gaps for anxiety (19% vs 0%) and high PTSD risk (15% vs 0%).

What makes the deferral decision costly is that it often becomes permanent. The roughly two-thirds of US adults without any advance directive (36.7% completion in the 2017 Health Affairs review) did not all consciously decide to defer — many simply never got around to it. The legal infrastructure for advance directives in the US involves 50 different state forms with varying requirements for witnesses, notarization, and scope; completing an AD in one state and dying in another creates enforcement uncertainty. The evidence on when advance directives are consulted and followed is also imperfect: documents that exist in filing cabinets but not in electronic health records have limited practical effect. The completion decision and the accessibility decision are not the same.

The Detering RCT’s setting — elderly hospital inpatients in Australia, median age in the mid-80s — is different from middle-age preventive ACP completion. The benefit of completing an AD at 45 rather than 79 likely operates through a different mechanism: it forces a conversation about values and preferences that becomes more difficult when illness has already begun, it reduces the burden on surrogates who must guess at preferences without guidance, and it avoids the scenario where capacity is lost before the conversation can be had. No study to date has documented significant regret among people who completed an advance directive — the consistent finding is that too few people complete one, not that completers wish they hadn’t. The main cost of acting early is administrative; the main cost of waiting is the non-trivial probability that waiting becomes permanent.

Sources: action

Claim ledger

Every number below is what each source reported, with the verbatim quote we relied on and how we arrived at our figure. Click any link to verify directly.

1/2 sources independently verified verbatim against the cited source

  1. [1] Health Affairs — Approximately One In Three US Adults Completes Any Type Of Advance Directive For End-Of-Life Care Verified
    Approximately One In Three US Adults Completes Any Type Of Advance Directive For End-Of-Life Care
    Statistic
    36.7% of 795,909 people across 150 studies (2011–2016) had completed an advance directive, including 29.3% with living wills; proportions were similar across the years reviewed
    Excerpt
    “"Among the 795,909 people in the 150 studies we analyzed, 36.7 percent had completed an advance directive, including 29.3 percent with living wills. These proportions were similar across the years reviewed. Completion of advance directives was nominally higher among patients with chronic illnesses (38.2 percent) than among healthy adults (32.7 percent)." ”
    Source data from
    2017-08-07
    Accessed
    2026-05-04
    Verification
    Excerpt independently re-fetched and confirmed word-for-word against the cited source during our grounding audit.
    Calculation
    Yadav et al. 2017 Health Affairs — systematic review of 150 studies (795,909 people). The 36.7% completion rate is the baseline. No published survey directly measures regret among AD completers; the literature frames under-completion (two-thirds of adults have no directive), not over-completion or completer regret, as the problem. The action-side regret_rate of 0.03 is therefore a near-zero placeholder reflecting the absence of any documented significant regret in completers — not a measured rate. The directional claim (AD completion regret is negligible) is supportable; the precise number is not.
  2. [2] New England Journal of Medicine — Advance Directives and Outcomes of Surrogate Decision Making before Death
    Advance Directives and Outcomes of Surrogate Decision Making before Death
    Statistic
    Of 3,746 decedents, 42.5% required decision making about treatment; among incapacitated subjects with a living will requesting limited care, 83.2% received it; 13.6% of proxies reported problems following the subject's instructions
    Excerpt
    “"Of 3746 decedents, 42.5% required decision making about treatment in the final days of life... Among decedents who had living wills, ... 92.7% had requested limited care... Of the 398 incapacitated subjects who had prepared a living will and had requested limited care, 331 (83.2%, unweighted percentage) received it... A total of 13.6% of proxies reported problems in following the subject's instructions." ”
    Source data from
    2010-04-01
    Accessed
    2026-05-04
    Calculation
    Silveira et al. NEJM 2010 — analysis of 3,746 adults in the HRS cohort who died between 2000–2006. This study measured concordance between documented wishes and care received (83.2% of living-will completers wanting limited care got it), and that 13.6% of proxies reported problems following instructions. It did NOT measure family regret or distress caused by having an advance directive — so it supports the directional claim that AD completion improves wish-concordant care, not a specific regret rate.

Sources: inaction

Claim ledger

Every number below is what each source reported, with the verbatim quote we relied on and how we arrived at our figure. Click any link to verify directly.

  1. [1] BMJ — The impact of advance care planning on end of life care in elderly patients: randomised controlled trial
    The impact of advance care planning on end of life care in elderly patients: randomised controlled trial

    See all 2 Likelier entries citing this source →

    Statistic
    Among families of patients who died, 30% in the control (no advance care planning) group had clinically significant depression (score >8) vs 0% in the intervention group (P=0.002); anxiety 19% vs 0% (P=0.02); high PTSD risk 15% vs 0% (P=0.03)
    Excerpt
    “"In the intervention group, family members of patients who died had significantly less stress (intervention 5, control 15; P<0.001), anxiety (intervention 0, control 3; P=0.02), and depression (intervention 0, control 5; P=0.002) than those of the control patients." ”
    Source data from
    2010-03-23
    Accessed
    2026-05-04
    Calculation
    Detering et al. BMJ 2010 — RCT of 309 patients 80 years or older admitted to an Australian hospital, with 56 patients dying by 6-month follow-up. Table 3 reports clinically significant outcomes among bereaved families: depression (score >8) 8/27 (30%) control vs 0/29 (0%) intervention, P=0.002; anxiety (>8) 19% vs 0%, P=0.02; high PTSD risk (Impact of Events >30) 15% vs 0%, P=0.03. The ~30% control-group depression rate is used as the inaction-side proxy: bereaved families of those who deferred ACP showed markedly higher distress than those whose relatives completed it. Note: the RCT is in elderly (80+) hospital inpatients, not middle-age preventive completion; the effect may be smaller for deferral at 45 vs 79.
  2. [2] JAMA — Family Perspectives on End-of-Life Care at the Last Place of Care
    Family Perspectives on End-of-Life Care at the Last Place of Care

    See all 2 Likelier entries citing this source →

    Statistic
    Among 1,578 US decedents, about one quarter with pain or dyspnea did not receive adequate treatment, and more than one third of families in institutional settings reported insufficient emotional support vs about one fifth in home hospice
    Excerpt
    “"About one quarter of all patients with pain or dyspnea did not receive adequate treatment, and one quarter reported concerns with physician communication... More than one third of respondents cared for by a home health agency, nursing home, or hospital reported insufficient emotional support for the patient and/or 1 or more concerns with family emotional support, compared with about one fifth of those receiving home hospice services." ”
    Source data from
    2004-01-01
    Accessed
    2026-05-04
    Calculation
    Teno et al. 2004 JAMA — mortality follow-back survey of family members of 1,578 decedents (representing ~1.97 million US deaths from chronic illness in 2000). This paper measures family-reported quality-of-care concerns by setting (undertreated pain, insufficient emotional support, respect), NOT advance directives or regret. It is included as corroborating context that bereaved families frequently report unmet end-of-life care needs — the gap that advance care planning aims to reduce — not as a direct measure of the inaction-side regret rate.

Caveats

The Detering RCT enrolled hospital inpatients aged 80 or older, with a reported median age of 84 (control) to 85 (intervention) -- not middle-age adults doing preventive ACP completion. The family distress effect may be smaller for deferral at younger ages where the death is further away and less predictable. AD legal frameworks vary substantially by jurisdiction — in the US, 50-state variation in form requirements, scope, and enforceability creates barriers to use even when documents exist. AD completion skews heavily toward white, educated, higher-income adults in the US; the 36.7% national figure masks large disparities. The Silveira 2010 finding that ADs improve care concordance depends on the surrogate and care team actually locating and following the document — an implementation challenge separate from the completion decision. The action-side regret rate (3%) is an inference from low documented conflict rather than a direct regret survey; the true rate is unknown but appears very low across the literature.

Raw data: /api/decisions.json

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