As an estate planning lawyer, I am often asked about the differences between a living will and a last will and testament. Though they sound similar, they serve distinct and different purposes in estate planning. This post aims to clarify these differences and provide the information you need for effective estate planning. 
1. What is a Living Will?
The National Institute of Aging defines a Living Will as "A living will is a legal document that tells doctors how you want to be treated if you cannot make your own decisions about emergency treatment. In a living will, you can say which common medical treatments or care you would want, which ones you would want to avoid, and under which conditions each of your choices applies."
Generally speaking, a living will, also known as an advance directive, is a legal document that outlines your preferences for medical treatment in situations where you cannot communicate your decisions. Generally, it becomes effective if you are incapacitated and unable to make healthcare decisions for yourself.
2. What is a Last Will and Testament?
A last will and testament is a legal document that details how you want your assets and property to be distributed after your death. It also allows you to name guardians for any minor children. This document only becomes effective upon your death and generally must be probated. Explore our blog post from our Tallahassee Estate Planning Lawyer about the dangers of not having a last will and testament.
3. How Does a Living Will Differ from a Last Will and Testament?
The primary difference lies in their purposes and when they become effective. A living will is used for healthcare decisions during your lifetime if you become incapacitated. In contrast, a last will and testament is used for distributing your assets after your death.
4. Why is it Important to Have Both a Living Will and a Last Will and Testament?
Both documents are crucial as they address different aspects of your life and death. A living will ensures your healthcare wishes are respected when you can't communicate them. In contrast, a last will and testament ensures your estate is handled according to your wishes after your passing.
5. Can a Living Will Include Instructions for Asset Distribution?
No, a living will is solely for healthcare decisions. It does not include instructions for asset distribution, which is the role of a last will and testament.
6. Who Should I Designate to Make Decisions in My Living Will?
It's essential to choose someone you trust to make healthcare decisions on your behalf, typically a family member or close friend who understands your values and wishes.
7. How Can an Estate Planning Attorney Help with These Documents?
An estate planning attorney can help ensure that your living will and last will and testament are legally sound, reflect your wishes, and work together as part of a comprehensive estate plan.
Conclusion:
Understanding the differences between a living will and a last will and testament is crucial for effective estate planning. As an estate planning attorney, I am dedicated to helping you navigate these crucial decisions to ensure your wishes are honored in all circumstances. If you have more questions or need assistance drafting these documents, please get in touch with my office to schedule your free consultation.
