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Unlike a last will and testament, a living will allows individuals to prepare for potential incapacitation down the road. For example, in the event of a terminal disease, permanent coma, or severe mental illness, a living will carries out one’s unique wishes for medical care. If you’re creating one and have a few questions about it, refer to the following guide.

4 FAQs About Living Wills

1. What’s the Difference Between a Living Will & Final Will & Testament?

Final will and testaments primarily deal with asset and financial distribution after one passes away. For example, it allows you to specify who you would like to inherit your home. Living wills, on the other hand, do not involve one’s money or possessions. Instead, they outline how one wishes to be treated when they are dying or otherwise incapacitated. For example, you can detail whether you would like to be taken off life support in certain scenarios. 

2. How Long Do Living Wills Last?

Living wills last until the person who wrote it cancels it. They must be written by someone of a “sound mind,” so as long as one is mentally able, it may be altered several times during your life. If you wish to cancel a living will, destroy your copy and notify family members, doctors, and your lawyer.

3. How Do You Make a Living Will?

willA living will needs to be in writing. At least two other adults need to witness the signing of the will as well as sign the document themselves. These individuals must confirm the person writing the will is of sound mind and wrote it of free will. Your health care provider or an employee of the provider may not witness your will. Furthermore, at least one of the witnesses cannot be related to you.

4. Do You Need a Lawyer to Write a Living Will?

Legally, you don’t need a lawyer to write a will. However, many people choose to hire a lawyer who can aid in its creation and ensure their unique wishes are carried out in the name of the law. Additionally, an attorney can serve as a witness to the document.  

 

If you’re interested in writing your living will, consult experienced attorneys who can help. The team from Cecil & Cecil PA in High Point, NC, offer the estate planning services you need to secure your future and take care of your family. To schedule your complimentary consultation, call the law firm today at (336) 883-8383. For more information, visit their website.

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