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Understanding the Difference between a Living Will and a Standard Will
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Posted On :
Nov-24-2009
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Article Word Count :
472
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It's foolish to assume that two things that sound identical are identical. Wills and living wills have some things in common but are very different in a lot of ways. Let's use an example to make my point clearer.
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It's foolish to assume that two things that sound identical are identical. Wills and living wills have some things in common but are very different in a lot of ways. Let's use an example to make my point clearer. Both an apple and orange are considered to be fruit. However, they are completely different types and don't taste the same. They are not alike, even though both of them grow on trees. This is the case with a will and a living will.
The final wishes of a deceased person are contained in a will. It may address a person's burial preferences, declare custody arrangements for children or pets, and state the distribution of any property or assets of the deceased. The attorney will direct the individual to name an executor for his will. When the individual dies, the executor pays any outstanding bills and then distributes the remainder of the assets through probate. In the case of a dispute, then the judicial system has to become involved and it is left to a probate judge to make a decision, in the probate court, on how things get distributed.
In a living will, a person describes exactly what treatments he or she would like to have or refuse in the event of a medical crisis. One example of this would be if an individual is in a bad car crash and becomes comatose or vegetative, having little or no brain activity. Would this person desire to remain alive if it meant using machines to keep him or her alive? If a person did not make out a living will, someone who is related to him or her would have to make those important decisions.
Something that older people in poor health usually do is to have a living will that clearly states whether they want to be kept alive, or if they do not want to be resuscitated. In that case, the physicians and medical staff would know what to do in keeping with that person's desires. Religion can impact the way living wills are constructed as blood transfusions are prohibited in a few religions. If the individual was in a bad accident, then the medical staff would need to know whether or not to do any blood transfusions.
Okay, so now you understand why I used the fruit analogy -- it really is right on the mark. Living wills and regular wills are somewhat alike, but have very obvious differences as well. Both are important to have. Both work to keep your best interests in mind should anything serious happen to you and you can't act on your own behalf, or if you should die. It's not a bad idea to seek professional assistance with a living will or a standard will.
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Article Source :
http://www.articleseen.com/Article_Understanding the Difference between a Living Will and a Standard Will_5877.aspx
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Author Resource :
When doing research for an Orange County asset protection, Marshall Penningtyn found Gerard W. O’Brien. Marshall knows how important it is to get your affairs in order and was very impressed with everything this Orange County and Yorba Linda estate planning attorney had to offer.
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Keywords :
Orange County estate planning lawyer, Orange County asset protection lawyer, Orange County estates and trusts, Orange County ,
Category :
Society
:
Society
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