Standard Will Vs. Living Will

By Jenna Foote

Standard wills and living wills are both legal forms of communication which dictate your wishes should you become unable to speak for yourself. However, these documents are otherwise unrelated.

Standard Will

A will is a type of written or oral communication that determines how you (testator) wants your property and assets dispersed when you die. It lists your beneficiaries and what assets they are to receive. The will also denotes a legal guardian for any dependent children and appoints an executor to distribute the assets and pay your debts and taxes after your death.

Will Requirements

The document must clearly state it is a will and must be signed and dated by you (the testator). Two or three witnesses must also sign the will (the number depends on individual state laws).

Living Will

A living will is a document that states how you wish (or do not wish) to be medically treated should you become too injured or ill to speak for yourself. It is also known as an advance directive.

Components

The living will should include information about whether you want to be resuscitated and what treatment you would like should you become comatose or in a permanent vegetative state. It also should list medical treatments acceptable to you in such circumstances.

Power of Attorney

In addition to a living will, most people choose to name a durable power of attorney. When you become incapacitated, the power of attorney has legal authority to act as your decision-maker. If you choose to name your spouse as a power of attorney, you should also name an alternative person in case your spouse is injured with you.

About the Author

Jenna Foote began her career as an online writer for CBS 5 News in Phoenix. Her work has been published on various websites, covering consumer and recreational topics. Foote holds a Bachelor of Arts in communications from Brigham Young University.

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