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The difference between a living trust and a living will

specifically declaring your preference to die without extraordinary medical intervention. It gives your doctor permission to withhold life support under specific conditions, should you not have the ability to communicate your wishes.

Must I meet specific requirements? Because a living will is legally binding, you must meet certain requirements to ensure it is legally sound. The will must contain specific instructions or requests; you must be at least 18-years-old and mentally sound when you sign. Among your other personal declarations, you must clearly state that your medical charge may not keep you alive through means of artificial nutrition or hydration if your physical state is incurable, terminal or if you are in a vegetative state. You must make definite, consistent proclamations that can only be interpreted as you intended. You must complete the document in the presence of two witnesses who are not relatives, heirs, managers of your medical care (or their employees) or persons who have claims against you. A notary public or an assistant clerk of superior court must also be present when you sign.


Do I still need a will in addition to my living will? Yes. A will (last will and testament) is a legal document outlining the dispersion of your assets when you die. It acts as secondary documentation to a living trust and is a necessary document if you only have a living will.
When addressing legal matters, it's always wise to seek the advice of an attorney. An attorney can provide lifetime service to your plan and will ensure that each document is legally sound.

Learn more about this author, Lauren Rickert.
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