If you are thinking about planning ahead for your estate in Massachusetts, you probably have many questions about the most appropriate tools to use. One of the most common questions for individuals who have not spent much time with estate planning in the past has to do with how a living will is different from a will. These terms are frequently misunderstood as meaning one and the same. Read on to discover the distinction and how you can use one or both in your estate plan.
What’s a Living Will?
A living will, however, only addresses your healthcare concerns. It’s an official statement that you do or do not want your death artificially prolonged in the event that you have a terminal injury or illness, or in a situation where your death appears imminent and the medical treatment you are currently receiving from physicians is only prolonging the process of death. A living will frequently works alongside a healthcare proxy in Massachusetts.
The living will outlines official guidance to the appointed healthcare agent in the event that your healthcare agent is ever needed to make a life or death decision.
In Massachusetts there is no specific statute that details how a living will is created or what language is needed. However, having a Living Will to expand on the information in your Health Care Proxy gives your agent and a clear understanding of your wishes.
What’s a Last Will and Testament?
Your last will and testament, on the other hand, is your written declaration of how you want your assets distributed after you pass away. Your will must be executed in accordance with relevant Massachusetts state laws. Both of these documents can be drafted and reviewed by a Massachusetts estate planning attorney, but it’s important to understand how they operate differently and function as part of your estate plan rather than as two similar documents.