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Why it is Important to have both a Living Will and a Standard Will


Marshall Penningtyn

Don't be fooled into thinking that because two things sound the same that they are the same. Despite being different things, wills and living wills are similar in some respects. To understand this picture, let's use an analogy. An orange and apple are both fruit. But they are two separate types of fruit and neither look nor taste the same. They are not alike, even though they both grow on trees. The situation is the same for wills and living wills.

A document that records the last wishes of an individual is called a will. The individual might spell out how and where he or she wants to be buried. It may have information on custody wishes for animals and children. It also explains the distribution of funds or property that the individual owned. The lawyer will guide the individual to name an executor for the will. After that person has died, the estate executor will pay off any bills that remain and then disburse the money according to the will's instructions. In situations where the assets are disputed, the court will have to become involved, and the probate judge will be required to decide who is entitled to what assets.

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.

Persons who have specific instructions in their living wills, such as a "do not resuscitate" order, which is quite typical for older persons or those in poor health, give medical professionals critical information of their wishes when they cannot speak for themselves. Living wills are occasionally influenced by religion. Blood transfusions are not allowed by some religions. In the event of a life-threatening emergency, medical professionals would be aware that they should not administer a blood transfusion.

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.

About The Author

When Marshall Penningtyn decided to get his affairs in order he researched Orange County estate planning. Marshall was pleased to find Gerard W. O’Brien, an attorney who specializes in Orange County asset protection trusts and living wills. For more visit http://www.gerardwobrien.com and http://www.gerardwobrien.com/estate_planning.html



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