When it comes to estate planning and wills, you have a variety of options for legal documents. The most common of these options is a “last will and testament,” which is also known simply as a “will.” But you may have also heard people talk about a “living will” and wonder what that is, and whether you need a living will in addition to a regular last will and testament.
Both terms describe important legal documents used in estate planning, but their purpose and function differ significantly. In this article, we will review some of the most critical things you need to know about living wills and why having a living will is essential to every adult’s estate plan. And it may be that a living will is even more important than a last will and testament.
What Is A Living Will?
A living will, also known as an advance healthcare directive, is a legal document that communicates your medical care preferences to your loved ones and healthcare providers if you become incapacitated and unable to make decisions for yourself, especially towards the end of life. It details the medical procedures, medications, and treatments you would want or not want to prolong your life under such circumstances.
For instance, your living will can specify decisions like whether you wish to have life support removed if necessary and if you desire to receive hydration and nutrition to sustain your life.
In addition to medical instructions, a living will can address preferences regarding food choices and hospital visitation rights. These details are vital for ensuring your well-being during a time of vulnerability. Without specific instructions, decisions may be made on your behalf that do not align with your wishes.
Living Will vs. Last Will And Testament
Upon death, a last will and testament ensure your assets are distributed as you choose. Note that your last will only deals with your assets and only operates upon your death. In contrast, a living will is about you, not your assets. And it operates in the event of your incapacity, not your death.
In other words, a last will tells others what you want to happen to your wealth and property after you die, while a living will tells others how you want your medical treatment managed while you are still alive. And that’s really important for you and your care!
Living Will vs. Medical Power of Attorney
Medical power of attorney, a component of an advance healthcare directive, empowers you to designate an individual, referred to as your “agent,” to make healthcare choices on your behalf if you become incapacitated and unable to do so yourself.
In essence, while a living will delineates your preferences for medical care in the event of incapacity, medical power of attorney specifies who is authorized to make medical decisions on your behalf during such circumstances.
Why Having A Living Will Is So Important
A living will is a vital part of every adult’s estate plan, as it can ensure your medical treatment is handled exactly the way you want if you cannot communicate your needs and wishes. Additionally, a living will can prevent your family from undergoing needless trauma and conflict during an already trying time.
Without a living will, your family would have to guess what treatments you might want, and your loved ones are likely to experience stress and guilt over the decisions they make on your behalf. In worst cases, your family members could even end up battling one another in court over who should manage your medical care and how.
Should You Rely On A Living Will Created Online?
While there is a wide selection of living wills, medical power of attorney, and other advance directive documents online, you likely want more guidance and peace of mind than is available through an online service to support you to address such critical decisions adequately. Regarding your medical treatment and end-of-life care, you have unique needs and wishes that cannot be anticipated or adequately addressed by generic documents or without the counseling and guidance we can provide through your decision-making process.
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