Estate Planning 102: What is a Living Will?

(Editor's Note: This is part 2 of a 5-part Q & A addressing commonly asked questions regarding estate planning. These blogs are intended to educate you about the differences between Trusts, Will and Living Wills, and help you determine which is right for you.)

What is a Living Will?

A common misconception is that like a Will, a Living Will tells people how to distribute your property at your death. In fact, a Living Will has nothing to do with your assets.  Rather a Living Will instructs people how to handle your health care and end of life decisions should you be incapacitated and unable to communicate these desires to your physicians.

In California a Living Will is called an “Advance Health Care Directive.” The California Attorney General provides an Advance Health Care Directive Form that you can use to indicate your health care and end of life decisions. This form also allows you to name the people who are in charge of your health care decisions upon your incapacity. These people are referred to as your “Health Care Agents.”  If you choose to use this form, please be careful to have the Advance Health Care Directive properly signed by two witnesses who are not related to you. 

Disclaimer: This information is provided by estate planning attorney Stephanie D. Winstead, with offices in Laguna Niguel.  Winstead practices exclusively in the areas of tax, asset protection, and estate planning.  She is licensed to practice law in the State of California ONLY. This information does not create an attorney-client relationship, and is only intended to provide general advice.  If you wish to create an attorney-client relationship for specific legal advice, it will be necessary to enter into an engagement for legal services.