At BruegelPC, we know that understanding the difference between a living will and a regular will can be confusing. These documents serve very different purposes, and choosing the right one is crucial for safeguarding your future.
In this article, we break down the key differences to help you make informed decisions about your legal needs. As experienced divorce lawyers, we’re here to guide you every step of the way.
From the point of view of their purposes, a living will states what medical care you want if you can’t speak for yourself, while a will decides how your things are given out after you die. A living will takes effect while you’re alive but unable to communicate, and a will takes effect after your death. Both documents are important but serve different needs.
Understanding Living Will and Last Will
A living will is a legal document that specifies a person’s medical treatment preferences for scenarios where they can no longer voice their decisions due to incapacity.
Let me explain, a living will usually includes instructions for emergency treatments, life support, and organ donation. A last will and testament is a legal paper that tells how a person’s belongings should be shared after they die.
At the base it can also include wishes for their funeral and how to take care of any children or dependents. Both documents are important to make sure a person’s wishes are followed if they become unable to make decisions or pass away. It’s important to have both papers ready and to check and update them regularly.
Key Differences Between Living Will and Will
A living will specifies your medical treatment preferences for times when you’re unable to voice your decisions, unlike a traditional will that dictates the distribution of your assets after death.
In other words, a living will tells doctors what kind of medical treatment you want or don’t want if you can’t speak for yourself. A will is a legal paper that says who gets your things after you die and names someone to make sure this happens.
All in all the main difference is that a living will deals with your medical care while you’re alive, and a will deals with your stuff after you’re gone. Both are important to make sure your wishes are known, but they serve different purposes and should be clearly written to prevent any confusion later.
When to Use a Living Will vs a Will
As noted earlier a living will guide healthcare choices in critical situations, while a will distributes assets after death.
When it comes down to it, a living will lets you share your medical care wishes if you can’t make decisions yourself. It explains what treatments you want or don’t want in certain situations, ensuring your medical preferences are followed even if you can’t say them at the time.
A will, also called a last will and testament, says how you want your belongings and property to be shared after you die. In basic terms, it can also name guardians for your minor children and note your funeral wishes. A will makes sure your assets are given out as you want and helps avoid family fights.
In short, a living will is for your medical wishes when you can’t decide, and a will is for how your assets are shared after your death. Both are important for different reasons and should be part of your estate planning.
Benefits of Having a Living Will
Thinking about our past talks, a living will ensures your medical care preferences are honored even when you’re unable to communicate them.
“Largely, a living will lets your family and doctors know what kind of medical care you want if you can’t make decisions yourself. It helps avoid fights and stress among your family during tough times. By clearly stating your wishes ahead of time, doctors will know what to do, and you can avoid treatments you don’t want.
In basic terms, this also gives peace of mind to you and your loved ones, knowing your wishes will be respected. In short, having a living will means you can stay in control of your medical care and make things easier for your family.”
How to Create a Living Will and Last Will
As previously exemplified, a living will is a vital document allowing you to dictate your medical care preferences when you can’t voice them yourself.
In other words, to create a living will, write down your wishes for medical treatment, including what you want at the end of your life. Sign this document in front of witnesses to make it legal.
A last will and testament details how you want your belongings shared after you die. List who will get what and any other instructions. Make sure to name an executor who will carry out your wishes. To be brief, sign this document in front of witnesses to make it valid.
Talk to a lawyer to make sure your living will and last will follow all legal rules. Keep these documents in a safe place and let your family know about them. Check and update your wills regularly to match any changes in your life or wishes. By having these documents, you can be sure your medical and financial matters will be handled the way you want.
The Final Word
From what we figured out before, in conclusion, it is important to understand the distinction between a living will and a will.
What BruegelPC is pushing for keeping is, a living will outlines your medical preferences in the event that you are unable to communicate, while a will dictates how your assets are distributed after your death. Both documents are very important in ensuring your wishes are carried out, so be sure to have both in place.
References
Here is the literature that I was using for drafting this article:
- Living Wills and Health Care Proxies: Assuring that Your End-of-Life Decisions Are Respected by Robert Fleming, American Bar Association, Robert Fleming
- Wills and Living Trusts Kit: Your complete Guide to Planning for the Future by Cindy C. Mur, Nolo, Cindy C. Mur
- Beyond the Grave: The Right and Wrong Ways of Leaving Money to Your Children (and Others) by Gerald M. Condon, Riane Eisler, Harper Paperbacks, Gerald M. Condon