When you'll most need a last will and testament, it will be far too late for you to make one if you haven't done it already. This is why, if you care about your personal property or have specific wishes with regards to your medical care, a last will and testament is an essential legal document for you to draw up at almost any point in your adult life.
Note that a last will and testament does not necessarily encompass a living will. A last will and testament generally just refers to the directive that indicates a person's decisions with regards to who inherits the property and personal effects of their estate. A living will may be an additional aspect of a last will and testament, which lays out directives related to the medical treatment and other health care you would like to receive in the event that you are unable to make your medical treatment wishes known - for instance, if you are in a coma or are otherwise incapacitated.
A last will and testament that does not include a living will advance directive means that the burden and decision of such difficult medical directives will be up to the closest family members. However, if the last will and testament also contain a living will health care directive, then, by law, your medical care wishes must be adhered to.
While family will be able to make decisions about your medical care should you be incapacitated and be without a living will, in the event of death without a last will and testament, the state will step in and determine the decisions about how your property and estate are divided.
When contemplating what to include in a last will and testament that includes a living will it would be wise to designate both an executor of the estate as well as specify the name or names of those whom you authorize to make health care treatment decisions for you. In both instances, the last will and testament should include the full name and contact details of the person specified.
When thinking about the living will portion of your last will and testament, contemplate possible medical situations and indicate what you would like to ideally have happen in each. Things to consider include specific medical treatments that you would oppose if you were in a vegetative state. Would you be okay with medical care like artificial respiration or artificial resuscitation? Clearly, you cannot imagine every medical emergency or event, but a thorough run through of hypothetical medical situations will give family a good sense of your wishes.
Finally, it should be noted that the most recent version of your last will and testament is always the one that will be considered the legal will. Wills that have been destroyed, or even if your signature has merely been striked out by you is viewed as revoked. It is therefore important that you keep your will up-to-date and ensure that the most current will is notarized and has all the signatures in tact so that it will properly be considered legal.
Note that a last will and testament does not necessarily encompass a living will. A last will and testament generally just refers to the directive that indicates a person's decisions with regards to who inherits the property and personal effects of their estate. A living will may be an additional aspect of a last will and testament, which lays out directives related to the medical treatment and other health care you would like to receive in the event that you are unable to make your medical treatment wishes known - for instance, if you are in a coma or are otherwise incapacitated.
A last will and testament that does not include a living will advance directive means that the burden and decision of such difficult medical directives will be up to the closest family members. However, if the last will and testament also contain a living will health care directive, then, by law, your medical care wishes must be adhered to.
While family will be able to make decisions about your medical care should you be incapacitated and be without a living will, in the event of death without a last will and testament, the state will step in and determine the decisions about how your property and estate are divided.
When contemplating what to include in a last will and testament that includes a living will it would be wise to designate both an executor of the estate as well as specify the name or names of those whom you authorize to make health care treatment decisions for you. In both instances, the last will and testament should include the full name and contact details of the person specified.
When thinking about the living will portion of your last will and testament, contemplate possible medical situations and indicate what you would like to ideally have happen in each. Things to consider include specific medical treatments that you would oppose if you were in a vegetative state. Would you be okay with medical care like artificial respiration or artificial resuscitation? Clearly, you cannot imagine every medical emergency or event, but a thorough run through of hypothetical medical situations will give family a good sense of your wishes.
Finally, it should be noted that the most recent version of your last will and testament is always the one that will be considered the legal will. Wills that have been destroyed, or even if your signature has merely been striked out by you is viewed as revoked. It is therefore important that you keep your will up-to-date and ensure that the most current will is notarized and has all the signatures in tact so that it will properly be considered legal.
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