Do I Need a Living Will If I Already Have a Will?
If you are just beginning to think about estate planning — whether it is for yourself or for your elderly parents — you have likely started to look into the types of documents that are important for all adults in Connecticut to create as part of their estate plan. There are two types of documents that sound alike but are actually entirely different from one another: the will, and the living will.
You may be wondering if you need to create a living will if you already have a will (also known as a last will and testament) that complies with the requirements set forth under Connecticut law. In short, you absolutely need both — the two documents do very different things. Our Connecticut estate planning lawyer can provide you with more information below, and we can speak with you today about your wishes and how you can obtain peace of mind by creating both a will and a living will, along with several other crucial estate planning tools.
What is the Difference Between a Will and a Living Will?
A will is a document through which a person can make decisions for the future about their assets and how their property will be distributed upon their death. While this is the most common use of a will, a will can also be used to identify a guardian of your choice for your minor children in the event of your death. Most people who make wills also use this document to name an executor of their estate — a person they trust to administer their estate and to ensure that the wishes set forth in their will are followed. When a person dies without a will, that person dies “intestate” under the law, and Connecticut intestacy law determines how that person’s assets will be distributed. As such, everyone should have a will.
At the same time, everyone should also have a living will, which has a very different purpose than a will. A living will is a document through which you can provide instructions about any health care you wish to receive (or that you wish to not receive, in many circumstances) in the event that you become incapacitated and cannot voice your own decisions about your health care. A living will also allows you to indicate whether or not you want to receive life-sustaining care, or life support, in the event you are incapacitated with a terminal medical condition or in a state of permanent unconsciousness. Your living will only takes effect if you are unable to indicate your decisions yourself about your health care wishes.
Contact a Canton Estate Planning Attorney for Assistance with Your Living Will and Other Advances Directives in Connecticut
Understanding the various estate planning documents that a person needs, especially when different documents sound alike, can be confusing. This is especially true when it comes to the will (or last will and testament) and the living will. As we discussed above, these two documents are entirely distinct from one another, and every adult in Connecticut should certainly have both, along with other important advance directives. To find out more about creating a living will and other advance directives for yourself or for an elderly parent, you should get in touch with an experienced Canton estate planning lawyer at the Law Office of Brian S. Karpe. Contact our firm today to learn more about the estate planning services we provide in Connecticut.
Source:
portal.ct.gov/dmhas/programs-and-services/advocacy/advance-directives
