Dear Juris Doctor;
I have been told I need a Living Will. I have a Will. What is the difference between them?
Norma at PGA National
Dear Norma;
A Living Will is an Advance Health Care Directive which indicates your desires to select a Health Care Surrogate and the administration or withholding of life prolonging procedures under specific circumstances while you are alive. It is in contrast to a Last Will and Testament which contains provisions for the distribution of property after your death.
A Will or Last Will and Testament describes how your property and possessions will be distributed when you die. You also select the person who will administer your estate after you die i.e. the Personal Representative or Executor. The Will can be revoked or amended with a Codicil. It can be changed before your death.
The Living Will is a legal document that tells your loved ones and doctors what your personal choices are regarding end-of-life medical treatment. You select a Health Care Surrogate to make health care decisions for you if you are not able to do so. I recommend multiple Health Care Surrogates in case one of them is not able to act on your behalf.
The legal requirements for these documents vary from state to state. Therefore, if you move to another state or live part of the year in multiple locations, you should consult an attorney in each jurisdiction to determine the validity of the Will and Living Will you have previously prepared.
Sincerely, J.D.
