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Difference Between a living will and a Last Will and testament

Tyler Carver

A living will and a last will and testament serve different purposes and are used in different situations. Here are the key differences:

Living Will (Advance Directive)

  1. Purpose:

    • Specifies your medical care preferences in case you become incapacitated and unable to communicate your decisions.

    • Typically addresses end-of-life care, such as life support, resuscitation, tube feeding, and other medical treatments.

  2. Activation:

    • Takes effect while you are still alive but unable to communicate or make decisions due to illness or incapacity.

  3. Content:

    • Outlines your wishes regarding medical treatments and interventions.

    • May include directives about pain management, organ donation, and other healthcare decisions.

  4. Focus:

    • Centers on healthcare and medical decisions.

    • Often used in conjunction with a healthcare proxy or medical power of attorney.

Last Will and Testament (Regular Will)

  1. Purpose:

    • Specifies how your assets and property will be distributed after your death.

    • Allows you to appoint an executor to manage your estate and carry out your wishes.

    • Provides a way to appoint guardians for minor children.

  2. Activation:

    • Takes effect after your death.

    • Does not influence decisions or actions while you are alive.

  3. Content:

    • Outlines the distribution of your assets, including money, real estate, personal belongings, and other property.

    • May include specific bequests, such as charitable donations.

    • Provides instructions for funeral and burial arrangements, though these are not always legally binding.

  4. Focus:

    • Centers on the distribution of your estate and the care of dependents.

    • Addresses financial and property matters, rather than healthcare decisions.

Summary

  • Living Will: Focuses on healthcare decisions and takes effect while you are alive but incapacitated.

  • Last Will and Testament: Focuses on the distribution of your estate and other post-death arrangements and takes effect after your death.

Both documents are essential components of comprehensive estate planning, ensuring that your medical and financial wishes are respected and carried out.