Considering the terms Living Will and Last Will and Testament are so similar, there is often confusion regarding the legal definition of the terms. However, any person looking to create a Colorado Will should understand the distinction between the two. Let’s define the terms.
First, a Will is a legal document that communicates a person’s final wishes regarding their property and dependents. A person’s last will and testament will outline what to do with possessions, whether they are being left to a person, group or donated to charity, and what will happen to other things for which they are responsible, such as custody of dependent children.
By contrast, a Living Will is a legal document that sets out the medical care an individual wants or does not want in the event that he or she becomes incapable of communicating his or her wishes. Therefore, a Will controls the disposition of property at death and a Living Will gives direction for medical care treatment during life.