I have a lot of clients come in and say they have a Will. When I request them to show me, they end up handing me their Living Will and vice versa. Why is there such confusion and what are they really?
Well first off, I believe the confusion comes from the fact they both have ?Will? in their names. Some attorneys prepare estate planning documents for clients without really ever meeting with the client. Without the education of an estate plan and what each document does, the client will not know the difference between the documents.
A Will, also known as a Last Will and Testament, is a legal document that states how you want your assets to pass upon your death and who you want to be responsible for passing on the assets. The Will does not have any effect until you pass away. Whereas, a Living Will, is a legal document which says that if you are in a persistent vegetative state, do you want any life saving measures to be taken to keep you alive and whether or not you want nutrition and hydration to be withheld. Essentially, to allow you to die naturally. This document comes into play while you are alive but being kept alive purely by artificial means. A Living Will allows you to let others know what you want to have done in that situation so that you do not have to put the burden of the decision on someone else. In some instances, the lack of a Living Will can cause a legal battle, aka Terri Schiavo.
To learn more about estate planning and what exactly each document does, please contact an estate planning attorney at Wood, Atter & Wolf, P.A. located in Jacksonville and Ponte Vedra Beach.
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