• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100 |
(918) 615-2700

Attend an Education Program-Oklahoma City Area Attend An Education Program in the Tulsa Area
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Business Succession Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • An Overview of Estate and Gift Taxes
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Asset Protection Planning
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Inheritance Planning for Minors
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Asset Protection
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Edmond
    • Midwest City
    • Moore
    • Norman
    • Oklahoma City
    • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Advance Directives » Are Living Wills Different from Regular Wills?

Are Living Wills Different from Regular Wills?

February 28, 2017 by Larry Parman, Attorney at Law

living wills vs. last will

Living wills are a very important component of your estate plan.  Your estate plan may also include a last will and testament and even a trust. Many people are confused about the difference between a living will and a last will and testament, and an experienced estate planning attorney can advise you on the important differences between a living will and a last will.  The attorney can also help you understand the legal tools that should be included in a comprehensive estate plan. 

Parman & Easterday can provide invaluable assistance in creating an estate plan that allows you to receive the medical treatment you want and need should you be incapacitated, and  to control your legacy and determine who inherits your property after you are gone. To learn more about the services we offer and about the differences between living wills and last wills, give us a call today.

Living Wills vs. Regular Wills

A last will and testament is what most people would think of as a “regular will.” The purpose of a last will is to determine what happens after your death. A last will can name a guardian for your underaged children, and  provide instructions regarding your funeral. Your last will can name a person to act as executor to manage the winding up of your estate and set forth detailed guidelines for who should inherit your money and property.

Living wills, on the other hand, have nothing to do with your property.  They are of importance before your death. As the Oklahoma Bar Association explains, a living will is the part of your advanced directive for healthcare that determines who will make healthcare choices for you if you cannot communicate, and allows you to specify the circumstances under which you want life-extending treatment terminated.

As part of your advanced directive, a living will allows you to control your healthcare choices even if you can no longer advocate for yourself.  It spares your family from making painful and difficult choices if you are seriously ill or badly injured. A living will allows you to provide instructions regarding whether you should receive life-sustaining treatment if:

  • You are in a terminal condition.
  • You are persistently unconscious.
  • You have an end-stage condition.

You can specify whether you want care under these circumstances. You can provide instructions regarding the administration of nutrition and water artificially if you cannot eat or drink. This means you choose in advance whether you want a feeding tube inserted into your stomach.

If you opt out of receiving life-sustaining care or artificial nutrition or hydration, Oklahoma law allows for administration of medication and treatment to alleviate pain. You will also be given food and water and assisted with oral consumption if you are able to either eat or drink.

Without a living will, your family may not be able to withhold food, water or care even though they know that is what you would want.  This can be traumatic.  If you haven’t appointed a healthcare proxy in advance, your family may also be uncertain about who should make decisions on your care. This could lead to family fighting and even to a long and drawn out court battle as your family fights over who should be acting on your behalf.

Both a living will and a last will and testament should be part of your comprehensive estate plan.  Together they protect your family from having to make difficult medical choices and they protect your assets. Be careful, though.  You need to understand the Oklahoma rules and regulations regarding living wills and last wills to be sure the ones you have are legally valid tools in your estate plan.

How an Estate Planning Lawyer Can Help With Living Wills & Regular Wills

To learn more about how an experienced attorney can assist with the creation of a living will and last will and testament, give us a call today at (405) 843-6100 or contact us online to learn more. You may also want to join us for a free seminar which will provide essential information on living wills, last wills, and other components of your comprehensive estate plan.

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Larry Parman, Attorney at Law
Founder and Owner at Parman & Easterday
After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Why Do You Need an Elder Law Attorney? - January 31, 2023
  • Inheritance Planning for Blended Families - January 26, 2023
  • 4 Things Trusts Do That Wills Can’t Do - January 24, 2023

Filed Under: Advance Directives, Wills and Trusts

Other Articles You May Find Useful

advance directives for health care
Pandemic Demonstrates the Importance of Advance Directives
Advance Health Care Directive Primer
Overland Park estate planning attorney
How an Overland Park Estate Planning Attorney Helps If You’ve Been Diagnosed With a Serious Illness
estate planning attorneys
Estate Planning Attorneys Explain the Benefits of Advanced Directives
Parman & Easterday
A TEDx Talk About Having a Good Goodbye

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

SUBSCRIBE TO OUR BLOG

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018

MAP

parman_sidbr_map

Where We Are

TULSA, OK
Memorial Place 7633 E. 63rd Place
Tulsa, OK 74133
Phone: (918) 615-2700

MAP

parman_sidbr_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 12:00 PM

Footer

footer-logo

The information on this Oklahoma Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Oklahoma City Estate Planning Attorneys at Parman & Easterday offer estate planning services in the Oklahoma City, Oklahoma and surrounding areas. Contact us for help today.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube