Living Wills

In light of the Schiavo matter, how important is it to create a living will? What is the difference between a living will and a regular will?

A last will and testament determines who will receive your property upon your death.

A living will is quite different. A living will lays out specific wishes that apply during your life. Some of these specifics include life support, artificial nutrition and whether or not you would like to be resuscitated.

Do I think they are important? Absolutely. The problem with the Schiavo case is that her husband claims he was told what her wishes were. These wishes were not in writing and her parents believed that those were not her wishes. If you put your requests in writing there should not be a problem.

after a will is completed...what do I do?..do I have the will notarized? and does it go into effect right away?..how many witnesses do I need? ..do I take the will to a court for it to be reconized right away??

Thank you,
Patricia

For both Living Wills and Last Will and Testaments laws differ from state to state. It is best to have both a living will and a last will and testament witnessed by two individuals and notarized. It is always recommended to have disinterested witnesses sign i.e., those who will not take under your last will and testament or relatives or health care providers for your living will.

I know in California that the state bar recommends and tells notaries not to notarize last will and testaments unless they are prepared by attorneys. No need to worry though because the will can be submitted for Probate if it is not notarized.

The living will becomes effective immediately but will only come into play if you become incapacitated and unable to make medical decisions for yourself. Remember to give your living will to your doctor, hospital and heath care provider. It is also wise to give one to a trusted friend.

As for last will and testaments they also will only come into play upon your death. Keep one copy in a safe and fire proof location that is accessible for those who will execute it. Also give copies to trusted friends or your attorney.