It is always a good idea to make yourself ready for the inevitable.
We understand, though, that it can sometimes be difficult to ponder about one’s mortality, especially with limited available information.
Hence, we’ll shed light on two terms that can be easily mistaken for the other: living will vs will.
We will also share with you our go-to online provider of legal documents, U.S. Legal Wills.
What Is a Living Will?
The first step to determine the difference between last will and testament vs living will is to have a clear definition of both. Let us start with the living will.
In a nutshell, it is a legal document that defines the medical treatments that can and cannot be done on you should you become unable to communicate them.
For instance, do you want to be under a breathing tube or hooked to a life support machine after a devastating accident?
What if you fall into a comatose state? Are you willing to spend your days unconscious, and if so, for how long?
Having a living will can also authorize someone to make these decisions for you through a healthcare power of attorney.
It is important to note that a healthcare power of attorney and a living will are two different legal documents.
They can be combined under a single document or drafted separately.
What Is the Point of a Living Will?
A living will is ideal for those who don’t feel comfortable with medical professionals and other people deciding on treatments that can severely impact a life-and-death situation.
What Is the Main Disadvantage of a Living Will?
However, a living will on its own does have a catch. It can only be activated if the patient (you) gets to an end-stage condition or in a state of being permanently unconscious.
It will not be honored if the medical professionals deem that your state is only temporary.
Instead, they will wait for you to become conscious and continue treatments in favor of your survival and well-being.
This is where a healthcare power of attorney becomes useful because it goes beyond a living will.
It gives a loved one the power to decide things for you whether your critical condition is temporary or permanent.
Is a Living Will the Same as a DNR?
You should be aware that a living will doesn’t include a “Do Not Resuscitate” order, or more commonly known as a DNR.
This is also a legal document, but to be more specific, it is an advanced care directive from your doctor who instructs other healthcare professionals not to perform CPR on you.
This can be requested for a number of reasons:
- When You Cannot Expect Any Medical Benefit
Those who are terminally ill, such as those with cancer or chronic ailments, might not really benefit from getting CPR.
- If You Are Worried About the Repercussions
CPR isn’t always successful. There are times when they can even lead to further organ damage, especially for significantly frail patients.
- You Want a Peaceful Death
CPR doesn’t just include chest compressions. It can also extend to further medical interventions such as intubation, mechanical ventilation, cardioversion, and other related procedures to extend life.
Unfortunately, these procedures can be painful and can get in the way of a more peaceful passing, especially if death is already expected anyway.
It can be difficult to make decisions such as writing a living will, getting a healthcare power of attorney, or even a DNR order.
Hence, it’s best to discuss it with people you really trust.
As for the DNR order, it can certainly be revoked should you change your mind about it.
However, it will require your doctor’s assistance since it is still, first and foremost, a medical directive.
Knowing what a DNR order and a healthcare POA is can help determine the difference between living will and last will.
These terms come up from time to time, after all, and can also cause some confusion.
What Is a Last Will and Testament?
With that said, let us now move on to the next legal document: the last will and testament.
It is a legal document that states how your property will be distributed after you pass away. It can also state the guardian for any minor children who will be left behind.
You should be aware of two terms if you’re planning to draft your last will and testament.
First is the testator. This is the person writing the will. In this case, that would be you.
The next is the executor. This is the person who will be in charge of executing your will.
They will be tasked with gathering all your properties, keeping tabs on accounting records, and paying any taxes or debts that you owe before finally distributing what’s left to your beneficiaries.
Anyone can draft a last will and testament provided that they are of a sound mind and that there are a certain number of witnesses who can attest to this during the document signing.
The testator can also amend or revoke this document anytime before their passing.
What Is the Difference Between Living Will and Will?
As what might have been clear to you already after defining both legal documents, the main difference between a last will and testament vs living will is their purpose.
In fact, these two only share two similar points. First, they are both legal documents.
Second, they are both done to protect your voice should you be unable to speak up for yourself.
It makes your presence known, and your will followed.
What Is Better a Living Trust or a Will?
You might be wondering which one between a living will vs last will and testament to get for yourself.
Honestly, you don’t really need to choose. You can always get either one.
In fact, we recommend everyone to consider getting both. After all, there is no difference between living will and last will when it comes to providing peace of mind, not just for you but for your loved ones as well.
The Benefits of Getting a Will Done
Regardless of which legal document you get done, here are just some of the benefits you can expect from them beyond just getting that peace of mind.
- Keeps Your Assets Protected
A last will and testament makes sure that your assets won’t fall into the wrong hands.
Without it, it will be up to the state law to decide how they will be handled and distributed.
There are even cases when your assets can end up going to the state.
- Takes Care of Your Loved Ones
Speaking of your assets, did you know that medical bankruptcy is still unfortunately common despite the efforts to make healthcare more affordable?
This is according to a recent study published by the American Journal of Public Health.
The sad thing is, this can be due to treatments that the patients themselves don’t really approve of.
If you have the same pragmatic view on life and health, then you might want to protect your family’s financial future from getting depleted should you fall into this medical state by stating this on your living will.
Having a last will and testament can then further keep them financially secure, even if your loved one is not blood-related or human.
You might be surprised at how common it is for pets to inherit property.
- Keeps Family Ties Secure
Here’s the sad but honest truth: it can be easy for people to forget how to behave when faced with the opportunity to advance their personal interests.
How many families have fallen apart because of an unclear inheritance?
Having a last will and testament to refer to will make your intentions clear for your loved ones and hopefully keep family ties intact.
U.S. Legal Wills
Anyway, now that you have distinguished between a living will vs last will and testament you might want to proceed to the next step already.
You can always contact your lawyer. Those who don’t have legal counsel yet may also look into online providers like U.S. Legal Wills.
It is a lawyer-approved online service that seeks to help people draft wills and POAs at an affordable price and within just 20 minutes.
All their legal documents are also pre-formulated to meet state requirements for your ease of mind.
U.S. Legal Wills also offers other services beyond those mentioned in this article. Feel free to check out similar services as well.
This is not the only legal platform available online. We are merely offering a convenient option that we have already tried and tested.
Living Will vs Will: In Summary
It is not always easy to differentiate legal documents from each other, especially those that share the same terms.
For instance, it can be challenging to determine the difference between living will vs will.
The keywords to remember are those attached to the terms: living and last.
A living will concerns matters related to your life, or more specifically, how you want to receive medical treatment during a life-threatening scenario.
On the other hand, a last will refers to how you want your assets to be managed for the last time; before they are distributed to your beneficiaries.
Keeping these terms in mind can help when seeking legal services, whether from your family lawyer or an online platform like U.S. Legal Wills.
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