Living Will vs Last Will and Testament

Despite their similar names, last wills and living wills are legal documents that serve different purposes. Last wills and living wills should be considered by everyone. Creating them when you are healthy allows you to consider your options carefully without immediate health concerns weighing on you.

What is a Living Will?

A typical living will in Florida is a document that provides direction to families and medical professionals as to a person’s wishes regarding life-prolonging procedures, treatment for terminal conditions, end-stage conditions or persistent vegetative state conditions. Living wills generally are not effective until 1) you no longer have mental capacity and 2) two doctors conclude that you are terminally ill, have an end-stage condition, or are in a persistent vegetative state. A living will applies in situations in which the decision to use such treatments may prolong your life for a limited period of time and not obtaining such treatment would result in your death. It is important that a Living Will meets state requirements pertaining to the need for witnesses to be considered valid.

What is a Last Will and Testament? 

A last will and testament is a legal document that communicates a person's final wishes pertaining to their assets. It provides specific instructions about what to do with their possessions. A last will and testament directs the disposition of your assets, such as bank balances, property, or prized possessions. It will detail who is to receive property and in what amount. It can also establish guardian arrangements for surviving dependents.

Is a Living Will the same as a Last Will and Testament?

No, a Last Will and Testament provides legal guidance about a person’s estate — their property and financial assets — as well as care for a child or adult dependents, gifts, and end-of-life arrangements such as a funeral or memorial service and burial or cremation. While with a Living Will, a person can state which common medical treatments or care they would want to receive, which ones they would want to avoid, and under which conditions each of their choices apply.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.