Difference Between a Living Will & a Regular Will
Both a last will and a living will are legal documents in which a person considers the end of his life. A last will focuses on guardianship and distribution of property and assets after death, while a living will directs treatment in the event of certain medical conditions.
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Purpose of Wills
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Wills are created to provide directions to others when the time comes that the will-maker is no longer able to communicate. Last wills and living wills both serve this purpose.
Last Will Basics
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A last will relates specifically to a person's estate and to her children or heirs. The last will describes how the will-maker wants her property, finances, assets and children handled after death.
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Living Will Basics
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A living will is an example of an advance medical directive. A person documents his wishes regarding medical treatment in the event of a catastrophic medical event that leaves him unable to communicate.
Surrogate Appointment
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A living will also can designate a surrogate decision-maker in the case that the will-maker is in an end-of-life situation and unable to communicate.
Death without a Last Will
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According to the American Bar Association, if a last will is not drawn up prior to death, a "state's laws of descent and distribution will determine who receives your property by default."
Without a Living Will
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In the event that a living will is not available when a severe medical situation occurs and a potential life or death decision must be made, a family could be put into a situation in which court orders are necessary.
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