When people begin estate planning, one of the most common sources of confusion is the difference between a living will and a last will. The names sound alike, but the documents serve entirely separate purposes under Louisiana law. One speaks for you while you are still alive but unable to make medical decisions. The other takes effect only after your death and directs what happens to your property. Knowing how each one functions is key to crafting a plan that genuinely safeguards you and your loved ones.
What Is a Last Will?
A Last Will and Testament is a legal document that explains what should happen to your property after you die. In Louisiana, you can also name a guardian for your minor children and appoint an executor to handle your estate.
Your will can direct who receives your home, bank accounts, personal belongings, and other assets. Without a valid will, Louisiana’s intestate succession laws determine who inherits your property. That may not reflect your personal wishes.
Louisiana also has unique laws, such as its forced heirship law. In certain situations, children under the age of 24 or children with permanent disabilities may be entitled to a portion of your estate. A properly drafted will must account for these rules to be legally effective.
A last will only takes effect after death. It does not give anyone authority to manage your affairs while you are still alive.
What Is a Living Will?
A living will is completely different. In Louisiana, it is often referred to as an advance directive or declaration. This document addresses your medical care if you become seriously ill or injured and are unable to communicate your wishes.
A living will allows you to state whether you want life-sustaining treatments, such as mechanical ventilation or artificial nutrition and hydration, if you are in a terminal and irreversible condition. It guides doctors and loved ones during emotionally difficult moments.
Unlike a last will, a living will takes effect while you are still alive but unable to make or express medical decisions. It does not control the distribution of your property.
Many people pair a living will with a medical power of attorney, which allows you to name someone to make health care decisions on your behalf if you are incapacitated.
Key Differences Between the Two
The easiest way to understand the difference is to focus on timing and purpose:
- A last will deals with property after death.
- A living will deals with medical decisions during life.
- A last will names heirs and an executor.
- A living will provides instructions to doctors and loved ones about medical treatment.
Both documents are important, but they solve different problems.
Why You Likely Need Both
If you only have a last will, your loved ones may struggle with difficult medical decisions if you become incapacitated. Without a living will, family members may disagree about what type of treatment you would have wanted.
If you have only a living will, your medical wishes may be clear, but your property could still pass under state law rather than according to your personal preferences.
A thoughtful estate plan addresses both situations. It ensures your voice is heard in medical settings and that your assets are distributed according to your intentions.
Protecting Your Wishes at Every Stage of Life
A living will and a last will are not interchangeable. One protects your medical choices if you cannot speak for yourself. The other protects your property and your loved ones after you are gone. Taking the time to prepare both documents now can spare your loved ones confusion, conflict, and unnecessary stress in the future.
Contact our office today to discuss your estate planning options.