Living Will vs. Last Will and Testament: What’s the Difference?

If there’s one thing that confuses a lot of people when they start thinking about estate planning, it’s this: a Living Will and a Last Will and Testament are not the same thing — not even close.

They sound similar. They both have “Will” in the name. But they serve very different purposes — and both are important parts of a well-rounded estate plan here in Nebraska.

Let’s walk through it.

What is a Living Will?

A Living Will — which in Nebraska is governed by our Rights of the Terminally Ill Act — is a document that outlines your wishes about end-of-life medical care if you become unable to communicate those wishes yourself. It typically covers things like:

• Whether you want life-sustaining treatment in certain situations

• Whether you want artificial nutrition or hydration

• Other end-of-life care decisions, such as preferences about pain management or whether to accept certain medical procedures

In Nebraska, a Living Will is often paired with (or included within) a Health Care Power of Attorney (HCPOA). This is just as important — if not more so — because the HCPOA appoints someone you trust to make all medical decisions for you if you are incapacitated, not just end-of-life decisions.

Think of it this way: your Living Will states your wishes. Your Health Care Power of Attorney designates someone to carry them out and make other necessary decisions on your behalf. Together, these documents ensure that your care is handled the way you want, and they reduce the burden on your loved ones.

Without these documents, your family could be forced to go to court for a guardianship to get the authority to make medical decisions — which is stressful and expensive at an already difficult time.

What is a Last Will and Testament?

A Last Will and Testament — usually just called a Will — takes effect only after you pass away. In Nebraska, a valid Will allows you to:

• Name a Personal Representative (this is Nebraska’s term — it’s equivalent to what other states call an Executor) to handle your estate

• Appoint a guardian for minor children, if needed

• Specify how your assets will be distributed to your chosen beneficiaries

Without a valid Will, Nebraska’s intestacy laws will decide who receives your property — and that may not match your wishes. The probate process becomes more complicated, and your family has less control.

Two Very Different Roles — Both Essential

Here’s the simple summary:

• Living Will / Health Care Power of Attorney = Medical care and treatment decisions while you are living but incapacitated

• Last Will and Testament = Property and guardianship decisions after your death

Both documents play a key role in protecting you and your family — and having one without the other leaves big gaps in your plan.

A well-rounded estate plan should address both: what happens if you become incapacitated during life, and what happens to your family and assets after death.

If you’d like to review your current documents — or if you’ve been meaning to get a Living Will, Health Care Power of Attorney, or Last Will and Testament in place — let’s talk.

You can contact me at 402-259-0059 or email zach@zandersonlaw.com. I’m here to help you create a clear, complete plan — so that you and your family are protected now and in the future.