Last Will vs Living Will

What is the difference between a Last Will & Testament and a Living Will?

What is a Last Will and Testament?

Most often when you hear someone mention a “Will,” they are referring to a Last Will and Testament. This is a legal document that gives instructions about what should happen to a person’s assets or property after their death.

What is a Living Will?

There’s another type of will, called a Living Will. As its name would suggest, a Living Will provides clear, written instructions about your desired medical treatment. It ensures that your wishes for medical care and end-of-life care will be followed, even if you are not able to tell your doctor or loved ones at the time. 

A Living Will can specify your wishes regarding

• Life support or resuscitation 
• Consent to an autopsy after death
• Organ donation after death 
• Funeral preparation (burial, cremation). 

You may hear a Living Will referred to as an Advance Health Care Directive or Advance Medical Directive. These terms are interchangeable. 

In combination with a Living Will, you may also want to create a Power of Attorney for Health Care, which legally designates a person to advocate for the plans you laid out in your Living Will.

What are the benefits of creating a Will? What does a Will do?

Let’s take a closer look at the benefits of creating a Last Will and Testament. 

While Wills are often used to divide up property, you can customize your Will to fit your needs. Beyond leaving property to your family, a Will has the power to 

• Leave property or money to a specific organization 
• Name a guardian to care for your minor (under the age of 18) children 
• Name someone to manage property you leave to minor children 
• Name an executor, a trusted person who ensures that everyone follows the plan laid out in your will.

I’m not wealthy, so why do I need a Will?

The most important benefit of a Will is that it protects your family’s future. Everyone deserves that peace of mind.

And regardless of income level, dividing up your property and assets could lead to tension, stress, and even legal battles for your loved ones. By creating a Will, you avoid that potential conflict. 

I want to make a Will. How do I get started?

If you have questions or would like to create your own Living Will or Last Will and Testament documents, Taylor King Law can help. Our attorneys can create legally binding Wills as well as other probate documents like powers of attorney or trusts. 

Call us today at (870) 246-0505 or toll-free at 1 (800) 305-0529. You can also contact us online. We’ll be on your side – by your side.