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living wills law

Living Wills Law: Overview and How to Hire a Will and Trust Attorney?

When managed correctly, estate planning should provide you with ample peace of mind. For example, it should furnish you with a sense of wellbeing about how your family will be cared for and provided for, even if you die suddenly. Additionally, estate planning might help you feel less anxious about what will happen to you should you become medically incapacitated.

When it comes to the latter issue, one of the most valuable estate planning documents you can have is a living will. In this post, we’ll offer a quick overview of living wills law, and also share some tips on how to enlist a qualified will and trust attorney.

What is a Living Will?

Let’s start with a basic definition. A living will is a legal document that lets other people know what your personal wishes are with regard to end-of-life medical care.

For example, a living wills law outlines the procedures and medications you might want (or, the ones you might not want) should you fall into a coma or a vegetative state.

A living will also addresses the question of if and when you want life support systems to be used; and, relatedly, the question of if and when you want those life support systems to be removed.

Is a Living Will the Same as a Power of Attorney?

As you consider getting a living will, you may have some questions about how it compares and contrasts with a medical power of attorney. While both documents pertain to end-of-life medical care, they address the issue in different ways.

While a living will outlines your personal wishes, a medical power of attorney appoints another person to be your legal representative, making healthcare decisions on your behalf should you be unable to make them yourself.

A living wills lawyer can speak with you further about these crucial distinctions.

Is a Living Will the Same as a Will?

Another question to ask your will and trust attorney: Is a living will the same thing as a regular will?

The short answer here is no. Remember, your last will and testament is solely concerned with how your assets are distributed upon your death. In other words, it addresses a totally different set of estate planning questions.

You may actually benefit from having both a living will and a last will and testament. Speak with a wills trusts and estates attorney to find out more.

Do You Need a Living Wills Lawyer?

While it is possible to create your own estate planning documents, it’s generally recommended that individuals work with a wills trusts and estates attorney.

Simply put, estate planning can be complicated, and even a small mistake can have your living will invalidated.

Rather than risk this, we’d recommend working with an attorney who can answer any questions you have, help draft your vital estate planning documents, and work with you on an estate planning strategy that will ensure all of your wishes are met.

Hiring an Estate Planning Attorney

As you seek a living will or living trust attorney, we recommend looking for a lawyer who meets the following criteria:

  • Depth of experience in estate planning
  • A firm that focuses on estate planning
  • Deep roots in the local community
  • Comprehensive estate planning services, including intimate knowledge of trust law

If you live in the Fremont area and want a lawyer to help you establish a living will or revocable living trust, keep Singh Law Firm in mind. And, if you have any questions, we welcome you to contact us today.


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Fremont, CA 94539