A living will and a last will and testament are two different legal documents that serve distinct purposes.
A living will, also known as an advance directive, is a legal document that outlines an individual's end-of-life wishes in the event they are unable to communicate them themselves. A living will typically specifies preferences for medical treatment and life-sustaining measures, such as whether to be kept on life support or whether to receive certain types of medical interventions. It is binding insofar as it expresses an individual's wishes, but only applies in certain circumstances, namely when the individual is incapacitated or otherwise unable to express their own desires.
On the other hand, a last will and testament is a legal document that outlines an individual's wishes for the distribution of their assets after they pass away. It allows for the individual to distribute their property, name an executor to manage their estate, and appoint guardians for minor children.
While both documents deal with end-of-life matters, the distinction is that a living will takes effect during the person's lifetime, while a last will and testament takes effect after the individual's death. Furthermore, a living will only applies to healthcare decisions, while a last will and testament only applies to a person's estate and property distribution.
It is important to note that laws and requirements for living wills and last wills and testaments may vary by state or jurisdiction, so it is advisable to seek legal advice from a licensed attorney to ensure that these documents comply with applicable laws and meet the individual's specific needs.
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