A will and a living will are two very different legal documents. Why attorneys would call two distinct legal documents very similar names is beyond me as it creates endless confusion. I am here to clear up the confusion as you need both of these documents. A will, as many of you already know, is a legal document that outlines your final wishes for the distribution of real and personal property you accumulated during your lifetime. Everyone should have one, especially if you have kids, pets, real estate, or businesses. A will comes into play after you have passed away to guide family and friends as to your final wishes for your estate.

A living will, on the other hand, comes into play when you are unable to make medical decisions for yourself. This can happen any time during your lifetime. It is also known as a medical directive, and the well prepared living wills also have resuscitation clauses or DNR (Do not resuscitate) clauses. This document dictates who makes your medical decisions for you when you cannot. It also provides your family and doctors with specific instructions as to what you would want to happen in different medical scenarios. Do you want doctors to resuscitate you? Would you want a feeding tube? Would you want to be placed on life support? As hard as it is to read this, it’s even harder for your family members to make these decisions for you.

Clients often ask me when they should sit down with me to execute a living will. It’s never too early to have this document prepared. My brother was only 37 when he was struck by a car walking home from work. As stubborn as he was, I prepared his with him years earlier. His living will guided the decisions that I made for him. By having a living will, you determine what you want to happen to you medically and when. As scary as it can be to sit down and think about this, it is also very empowering to know that there is a plan in place for your care when you and your family are at your most vulnerable.