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  1. #1
    Join Date
    Feb 2006

    Question Living Wills Versus Advance Health Care Directives

    My question involves estate planning in the state of: California Riverside County

    What is the difference between a living will and Advance health care directive?
    Can I fill out the form online such as on law depot for advance health care directive
    and notarize. Would this be binding and legal?

    The reason I am asking is because I am not sure how to ensure I get cremated and
    my bank accounts are divided among my children. I am selecting my son as the person
    who will be in charge of this. I know he will respect my wishes and quite frankly I am
    not sure if my spouse will follow it to the letter. I recently lost my mother and my dad
    changed and compromised alot of my mothers wishes. We could do nothing since he was
    the person she selected. I just don't want to happen to me. Thank you in advance for you help.

  2. #2
    Join Date
    Nov 2013

    Default Re: Living Wills Versus Advance Health Care Directive

    You probably need a Last Will and Testament. Both a Living Will and an Advanced Health Care Directive are only about health care and associated issues. You need a different document to distribute your property as you wish, and make your wishes as to funeral/cremation known legally.

  3. #3
    Join Date
    Jul 2014

    Default Re: Living Wills Versus Advance Health Care Directive

    You ask initially about the difference between a living Will and Advance Health Care Directive, and then explain that you need to ensure that your bank accounts are divided between your children. You must first be clear in your mind about the documents that are in effect while you are alive (Healthcare Directive, Powers of Attorney) and the documents that come into effect one you have died (Last Will and Testament). The distribution of your property is outlined in your Last Will and Testament, in which you will also name your Executor (who will be responsible for making funeral arrangements and also carrying out the instructions in the Will).

    To your initial question; the difference between a Living Will and Health Care Directive is subtle. The documents generally describe the types of healthcare you wish to receive if you are unable to speak for yourself. You can also create your documents on this site.

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