What is the difference between a will and a living will?
The main difference between a will and a living will is that a will is a document that sets out how your assets and property should be distributed after you die, while a living will is a document that outlines the types of medical treatments you want to accept or reject if you become unable to make decisions for yourself. A will is typically created when you are in good health and want to plan for the future. It outlines the specific wishes of the person who created the will. It may include instructions on how to divide real estate, investments, and other property among beneficiaries. A will can also include instructions for the care of pets, children, and even funeral arrangements. A living will, on the other hand, is usually created when an individual is unable to make decisions due to physical or mental incapacity. It sets out instructions on the type of medical care the individual will accept or reject. For example, it could dictate the types of medical treatments the individual is willing to accept or reject in case of a terminal illness, coma, or paralysis. In Virginia, a will must be in writing, signed by the testator (the person who created the will) in the presence of two witnesses. A living will does not require a witness. It is important to understand the difference between a will and living will to ensure that your wishes are followed in the event of your death or incapacity. It is also important to seek guidance from an experienced wills and probate attorney to ensure the documents are valid.
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