In the United States, having a will and a living will are not the same thing, since both documents, as long as they are valid, are intended for two totally different purposes. In truth, both documents are really useful, so having them can help us and not only us but also our family.
In this sense, the main difference between a will and a living will is that the former deals with what we want to happen to our belongings after our death and the latter with what we want to happen during our last years of life in the event that we are unable to make decisions. As can be seen, neither of these situations is desirable, but it is really useful to bear all this in mind.
Therefore, having both a living will and a will is something we should do to avoid many problems. Only in this way will we speed up the final arrangements both for our relatives and for ourselves in the case of having fixed preferences about our medical care.
How can I create a valid will?
The truth is that not just any document we create will be a valid will. So we must take into account the legal procedures for presenting it directly.
If we want to create a will, whether it is a last will and testament or a living will, we have to take into account, in Washington DC, for example, that:
- It must be in written format. To avoid misunderstandings or reinterpretations, a written will is the best option.
- It must be signed by the testator. That is to say, the person creating the will must sign the document. Without the signature, it is not valid.
- Attestation. The will document must be validated by two disinterested witnesses. They cannot appear as beneficiaries in the will.
- They must have testamentary capacity. The testator must be a competent person and of sound mind. Therefore, it is not possible to make a will if this is not the case.
Thus, a will must be made under these conditions. In addition to this, the living will must also be made in good time so that once it has to take effect in our lives there are no problems in this respect. Similarly, it is advisable to carry a copy of the living will with us, since if we are hospitalized the doctors should be aware of as much information as possible.