What’s the difference between a Will and a Living Will?

First and foremost, a Living Will is not a Will at all.

So, then what is a Living Will?

A Living Will is a document that goes by many names. In an estate planning package from The Law Office of D. Mathew Blackburn, we call it A Declaration as to Medical or Surgical Treatment. This document basically allows you to choose if and for how long you receive artificial nourishment after two doctors have deemed you unconscious, comatose, or otherwise incompetent and your condition is terminal. There are a number of options to chose from on this form and it is important that you understand what it is that you’re selecting. If anything were to happen to you this executed document would take effect and whatever you selected will happen. This is also an important document because it takes the burden off of a loved one to have to make such a heavy and emotional decision. You have made that decision for them in advance.

Then, what’s a Will?

There are about four different varieties of Wills but in general, a Will is a document that is used to leave instructions to your loved ones after you’ve passed away about how to handle your property, personal belongings, financial accounts, taxes, pets, and appointment of a guardian for any minor children, etc. This is the document that allows you to leave certain personal belongings, property, and pets to specific people.

Which one should I have?

We recommend having both. A Will and a Living Will are just two of the many documents that we offer in our estate planning packages here at The Law Office of D. Mathew Blackburn.