Will v. Living Will: Clearing Up the Confusion
A Living Will and a Last Will and Testament serve different purposes and are used in different situations. Both types of Wills must meet specific legal requirements to be valid.
Living Will:
A Living Will (aka a Health Care Directive or Advance Directive) is a document that outlines your wishes regarding medical treatment while you are still alive but become unable to communicate those decisions yourself. Living Wills come into play if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state. The Living Will specifies whether you want life-prolonging procedures to be withheld or withdrawn under these circumstances.
A current copy of a Living Will should be provided to your doctor(s) so that it is on file in case of a medical emergency.
Last Will and Testament:
A Last Will and Testament (typically what people are referring to when they use the term “Will”) is a document that takes effect only after death. It specifies how your property and assets should be distributed after your death and names a personal representative (aka executor). A Last Will and Testament may also include instructions for appointing a guardian for minor children and wishes.
Although there is often confusion between the two, a simple way to distinguish a Living Will from a last will and testament is as follows: A living will dictates (medical) decisions while a person is still alive but incapacitated, whereas a Last Will and Testament outlines what happens after death.
It is wise for your estate plan to include both a Living will and a Last Will and Testament. If you need assistance in preparing a Living Will and/or Last Will and Testament, do not hesitate to contact us.
-Silvia A. Brett, Esq.
Silvia Brett is an attorney located in St. Petersburg, FL, who handles Estate Planning and Probate. Click here for more information.
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