Advance Healthcare Planning
Do I need a Living Will?
start my ESTATE PLAN

Do I need a Living Will?

By 

Jennifer Mcgee

Head of Legal at TrulyWill

The first step towards self-love and care is not only to plan a content future but also to remain ready for any mishap. 

“Do I need a Living Will?” 

If this is the question popping up in your mind, then believe me, your self-care journey has just begun.

WHY? 

Because the Living Will gives you a voice when you are untellable and saves you from any outside interference and influence while making decisions for your medical treatment. 

The Living Will states the decisions about intensive or critical medical care to be given to the testator(Testator is a person who creates the Will) in the future if he is incapable of communicating due to illness or injury, old age, or failing health.

TABLE OF CONTENTS

1. What is a Living Will?

2. Who is eligible to make a Living Will?

3. When a Living Will is needed?

4. Do I need a Living Will or a Last Will?

5. How to create a Living Will?

6. How to write a Living Will for free and without a Lawyer?

7. How TrulyWill can help?

What is a Living Will?

Living Will is a legal document stating all your desires and will to get the best medical treatment to prolong your life if you become debilitated or incapacitated by any disease or accident. However, it is different from the Last Will. A Living Will may also include the wishes for the funeral and its expenses or other relevant details. What is the Living Will and everything you should know.

Who is eligible to make a Living Will?

Anyone is eligible to make a Living Will, if;

  • He has attained the age of majority, i.e., 18 years old, and
  • He is a sound-minded person.

Old age or disease is not the requirement a young and perfectly healthy person may make a Living Will.

When a Living Will is needed?

Imagine being alive but incapacitated by an illness or an injury to an extent where you are untellable your consent or wish for intensive medical care for yourself. 

That’s when the Living Will comes to rescue you & it saves you from any outside interference by giving you a voice when you are untellable about your preference and consent concerning medical care and treatment. 

Living Will rescues you when you want to survive and prolong your life. A recent study by Gallup reveals that 45% of the American population has opted to write a Living Will.

Do I need a Living Will or a Last Will?

We understand that it can be confusing at times if you need a Living Will or a Last Will. Here’s the difference between the Last Will and Living Will so that you may decide on this.

In simple words, a Last Will contains the directives or instructions regarding the distribution of the estate and property owned by the testator (maker of the Will).  Whereas, a Living Will contains the decisions on the intensive or critical medical care to be taken of the testator in the future if he is incapable of communicating due to illness or injury, old age, or failing health.

Last Will

Living Will

A Last Will goes into effect on the death of the testator.

A Living Will goes into effect when the testator loses the capacity to decide on his medical or treatment.

It includes all his assets and valuable items.

It includes the directions regarding medicare and treatment and to be followed at the testator’s funeral concerning the expenses or any other wish.

A testator may change or modify or revoke the Last Will as it deems fit.

A Living Will exists until the testator cancels or the court rejects it on the ground of fraudulent act.


How to create a Living Will?

A Living Will can ideally be created either online or traditionally. A Living Will may include your sign, names of witnesses, their signatures, etc in adherence to your state’s requirements. Every state has different requirements to be followed to make a Living Will. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

You can easily create an online Living Will that is state-specific and designed by Attorneys like the one TrulyWill provides. Or you may see a Lawyer and take a hand to make a traditional Living Will. How to write a Living Will?

How to write a Living Will for free and without a Lawyer?

It is advisable to consult a lawyer before making a Living Will if you are not clear on the requirements of a valid Living Will in your state. But if you’re fully informed, the best way to make a Living Will is online. 

Trulywill is a platform where one can easily make his Living Will by filling out Will forms designed by attorneys. Nothing comes free even if you made a Living Will document for free, you would seek legal advice for many reasons. Lawyers and attorneys charge high fees for their services. 

You can make a Living Will online designed by attorneys at reasonable costs though these are not a replacement for legal help. If your situation requires special attention and an attorney to guide you, it is recommended to see a Lawyer.

How TrulyWill can help?

This can be the first step toward self-love and the best decision you will make for yourself and your loved ones. Make your Living Will today in a few simple steps with TrulyWill.

 

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

Book a free session
Confused about what’s best for you?
Thinking if you even need this right now?
Take the quiz
Thinking of creating a will to secure your loved ones?
Start your estate plan online
  • Resume anytime
  • Done from your home
  • Expert support when you need it
How much does a Living Will cost?
Generally, Living Will costs from $100 to $1000 depending on a lawyer. However, you can make an online Living Will at a very affordable cost.
Does a Living Will need to be notarized?
It depends on the State you belong to, some states have regulations to get it notarised or to be witnessed and signed. Requirements of the States for a Living Will.
What is included in a Living Will?
A Living Will may include your sign, names of witnesses, their signatures, etc in adherence to your state’s requirements. It may also include your every wish for receiving any treatment and care if you become incapacitated, details of the specific treatments to be operated on or not on your body and decisions on cremation, etc.
What is difference between a Living Will and Living Trust?
A living trust is a legal document through which you appoint your representative, called a "successor trustee" to take care of the assets for your benefit during your lifetime and then transferred the assets to your designated beneficiaries at your death. Whereas a Living Will is a legal document in which you state your wishes regarding medical care and treatment.
When does a Living Will come into effect?
A Living Will comes into effect when the maker of the Will becomes incapacitated due to any ailment or accident and unable to express his wishes and consent regarding the preference of treatment and care he would like to receive.
Back to top