What’s the difference between a Will and a Living Will is another question that I often get from people who contact me. Even though they may ‘sound’ very similar, they are actually very different documents that take care of very different issues.

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A Will is a document that gives instructions for what happens to your probate assets upon your death. It can also include things like naming a guardian for your children (if you have any), testamentary trusts, and requesting what should be done with your remains. None of these things can take effect until you die. And as long as you are alive and legally competent to make decisions for yourself you can make changes to your Will.

A Living Will, also known as an Advanced Directive or a Directive to Physicians, provides instructions to your physician to administer or withhold life-sustaining treatments after it’s been determined that you have an irreversible or terminal condition and you are not able to communicate at that time. If your instructions are that your doctor should withhold life-sustaining treatments in these circumstances, then the doctor is instructed to only do things that will keep you as comfortable as possible.

The document provides pretty straightforward details on how the doctors should act upon specific circumstances. However, some people have very specific instructions that they would like to add for particular scenarios. If by chance you would like certain additional instructions added to the document, these can be added by the attorney. For example, if there are any kinds of experimental treatments that you are absolutely against being used, then you could spell this out to the doctors in the document.

Both documents are very important to have. But as you can see they each take care of completely different issues.