03 April 2025
Living Will vs. Last Will and Testament
A Living Will and a Last Will and Testament are two different legal documents that play pivotal roles in communicating your wishes. Understanding the key differences between these documents is crucial, as they ensure that your legacy and medical preferences are honored when the time comes.
A Last Will and Testament document outlines how a person’s assets should be distributed after their death. This can include savings or properties. The last will and Testament document can also put children under new guardians. Without a Last Will and Testament document, a person’s assets are up to state law to decide their relocation.
The Last Will and Testament becomes effective once the person who wrote it passes. The testator (the person who wrote the will) will name an executor to carry on the will. The executor will then handle the property, accounting records, debts, and distribute whatever is left to the beneficiaries, as stated in the Last Will and Testament.
A Living Will, on the other hand, is designed to protect one’s medical decisions in situations where they may no longer be able to communicate their desires. This document will state directions and details if the declarant (the writer of the living will) becomes ill, is in an accident, or is incapacitated and can’t speak for themselves. A living will can cover healthcare procedures such as breathing tubes and ventilators, feeding tubes, blood transfusions, dialysis, medication, and/or organ donations.
Everyone should have both a Living Will and a Last Will and Testament, especially if they are about to undergo a surgical procedure. It is beneficial to create these documents while healthy to ensure that the decisions made are well thought out and to ensure minimal stress. Preparing both documents ensures that your medical and personal legacy are fully protected, giving peace of mind to you and your loved ones. Reach out to Begum Pelaez Prada for assistance in creating your wills.
