Do you know the difference between a will and an Arizona living will and why you need both? In short, a living will is a legal document that outlines your wishes in the event you become incapacitated and in need of long term medical care. Your will spells out to whom you will bequeath your belongings, cash and other items once you’re deceased.

Last will and testament

Your last will and testament is a legal document drawn up that names the executors of your estate as well as spelling out who will receive your assets upon your demise. You will name beneficiaries for items ranging from your household assets to personal belongings such as jewelry and other family heirlooms. Your last will and testament will also spell out who will be responsible for any minor children in the event of your death.

As long as you are “of sound mind and body and at least 18 years old” you can make your last will and testament. The requirements of a will vary by state so you will definitely need to check with a legal professional to make certain your will is drafted correctly and that it will stand up in court, if necessary.

Wills can be rewritten at any time but should be witnessed and notarized to mark the changes and make certain they will be legal should the time come that your will needs to be read to friends and family members. In the event something needed to be changed in a will you can modify it with a codicil – an add on – to the original document.

One of the main reasons to have a will in place is that it makes it easier for your loved ones when you die as they won’t have to wait for the dispersal of your assets through probate. Additionally, having your estate go through probate is costly and if your family needs access to your assets to pay bills or simply survive on a daily basis, an estate without a will puts them in a bind.

Living will

A living will is also known as an advanced health directive. A living will is different than a living trust; a living trust is a legal document that spells out how your finances and property holdings will be managed while you’re still alive. Your living will helps relieve stress on your loved ones if you’re injured or suffer a debilitating illness from which you may not recover. The living will spells out your wishes as to end of life directives and whether you want your live to be prolonged through the use of medical devices.

Requirements for living wills vary by state, therefore consulting with a legal professional for the preparation of your Arizona living will is a good idea to make certain everything is legal in the event you need to use the form. In general your living will spells out whether you want access to treatments that prolong your life either through the use of tube feedings or other mechanical means. If you’re suffering a terminal illness or are in a vegetative state, the living will spells out the treatments you will, or will not, want to receive. Spelling out your wishes relieves the burden from your family of having to make difficult decisions or second guess what you may have wanted for your final wishes. Without a living will in place, medical professionals are bound by law to treat you and keep you alive through whatever means available.

Keep in mind that these documents – while similar in name – serve vastly different purposes and every individual, over the age of 18, should have these documents drawn up and in a place where family members can find them if the need arises.

Need Help?

If you are not sure as to what legal document you currently have contact one of our professionals to help you with your estate planning. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.

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