As a lawyer, I can explain the differences between a living will and a last will and testament.
A living will, also known as an advance directive, is a legal document that outlines your healthcare preferences in case you become incapacitated and are unable to communicate your wishes. It specifies the type of medical treatments you would like to receive, such as life-sustaining procedures, if such treatments do not improve your quality of life or if they only prolong suffering. A living will allows you to maintain control over your medical treatment in situations in which you cannot advocate for yourself.
On the other hand, a last will and testament is a legal document that outlines the distribution of your assets after you die. It specifies the beneficiaries of your estate, the property and assets they will receive and who should be in charge of managing your affairs. A last will and testament only becomes effective after your death, and can be challenged in court by heirs or other interested parties.
While a living will primarily concerns your healthcare, a last will and testament concerns the distribution of your assets. Both documents serve different purposes and are intended for different situations.
It is important to have both a living will and a last will and testament, as they provide a comprehensive plan for your medical treatment and estate after death. It is recommended that you consult with an experienced attorney who can assist in drafting these documents and ensure they adhere to current laws and legal precedents in your state.
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