A Last Will and Testament is Not a Living Will

Many people working on their estate documentation are unfamiliar with the terms Last Will and Testament and Living Will. Such legal mechanisms may get much lip service but aren’t often discussed at length. These two types of Wills are distinct and govern very different situations.

Last Will and Testament

A Last Will and Testament dictates what happens to your assets and property after you die. For example, which of your friends and relatives should receive which pieces of furniture, investment accounts, or any other worldly goods?

If you have children under 18, this document will also clarify the adults taking over guardianship and custody of those children. A Probate court typically validates a Last Will and Testament.

Living Will

A Living Will is a healthcare directive that can go into effect while you are still alive. It provides instructions for your medical care in case you become incapacitated or are unable to communicate. A Living Will typically includes “if” statements, such as, “If I require CPR, please administer any resuscitation techniques the medical personnel deem appropriate.” The instructions in a Living Will only refer to you, not your beneficiaries.

If your health condition is such that you cannot provide instructions on your behalf, your Living Will can explain to medical providers, family, and other designated individuals how you want to be treated and cared for. It governs all your healthcare preferences and lets you choose what you want done or not done in advance.

Hiring an Estate Lawyer to Plan Before and After Death

A Last Will and Testament and Living Will are essential documents for your needs and those of loved ones you leave behind. A local estate planning attorney with Donnellon, Donnellon & Miller can help you understand the implications of each document and how to incorporate them into your entire estate plan. Contact our office today at 513.891.7087 to schedule a consultation or get answers to your questions.