Wills and advance directives serve different purposes and are applicable in different contexts:
A will is a legal document that outlines instructions for the distribution of an individual’s assets and estate after their death. It typically includes details about property distribution, guardianship of minor children, and funeral arrangements, and becomes effective upon the individual’s passing. Creating a will generally involves formal legal processes, including the need for witnesses and notarization.
On the other hand, an advance directive, often referred to as a living will, is a legal document that specifies a person’s preferences regarding medical treatment in situations where they are unable to communicate their wishes. This document covers a range of medical decisions, including whether to undergo treatments like cardiopulmonary resuscitation (CPR), mechanical ventilation, tube feeding, dialysis, and pain management, as well as choices related to organ donation. An advance directive is activated when an individual is incapacitated and unable to make or communicate healthcare decisions. It must be written and may require witnesses or notarization, and should be discussed with healthcare professionals to ensure clarity and adherence to one’s preferences. Unlike wills, advance directives can be updated or changed as needed to reflect changes in the individual’s wishes or health status.
Source:
https://www.mayoclinic.org/healthy-lifestyle/consumer-health/in-depth/living-wills/art-20046303
