A Living Will and a Last Will Are Two Different Documents

Someone says they already have a will. Before assuming their planning is finished, it helps to ask which kind they mean.

A living will and a last will and testament sound similar, but they address different situations. One concerns certain treatment decisions during life. The other concerns property and related estate instructions after death.

What is a living will?

In Iowa, a living will is commonly used to describe a declaration under chapter 144A concerning life-sustaining procedures. The statute sets conditions for when the declaration has operative effect, including a terminal condition and inability to make treatment decisions.

This is more specific than a general statement that someone does not want medical treatment. The law defines the procedures and conditions involved. Comfort care and measures to relieve pain are treated differently from procedures that merely prolong the dying process.

How is that different from a last will?

A last will can direct the distribution of property it controls and nominate an executor. Iowa Code section 633.279 addresses execution requirements for wills and codicils, including signatures and witnesses.

Putting inheritance instructions into a health care form does not make that form a properly executed last will. Similarly, naming an executor does not by itself appoint someone to make your medical decisions while you are living.

Where does a health care power of attorney fit?

A health care power of attorney under chapter 144B names an agent to make health care decisions when the statutory conditions are satisfied. A declaration expresses instructions about particular treatment circumstances. Families should understand how both documents operate together.

For example, you may want your sister to speak with your medical team and your brother to administer your estate. The documents should accurately reflect those separate roles rather than assuming one appointment covers everything.

What should you review?

Look at the title and purpose of each document. Confirm that it names the people you intend, contains the instructions you want, and has been properly completed. Tell the relevant people where it is kept.

Having a document with the word will in its title is only the beginning. Knowing what it does makes it easier to see which questions your estate plan still needs to address.

Tyler ThompsonAuthor