How Living Wills and Last Wills Get Confused All the Time

A living will and a last will and testament sound similar but they do completely different jobs. In this episode, Jill breaks down the difference in plain English so you know what goes where and why it matters. She also walks through a recent Michigan court decision that changes how advance directives work and raises a bigger question: who gets to decide in a medical crisis? What You’ll Learn in This Episode Why these documents get confused. “Living will” and “last will” sound similar, but they operate at completely different times and serve different purposes.  What a living will actually does Covers medical decisions when you’re alive but unable to speak Addresses questions like life support and end-of-life care In Michigan, this is part of an advance directive, not a standalone document The role of a patient advocate The person you name to make healthcare decisions for you Can act any time you’re incapacitated, not just at end of life What changed in Michigan law (April 2026) A court struck down a rule preventing patient advocates from honoring a pregnant patient’s end-of-life wishes The case centered on reproductive freedom under Michigan’s constitution What a last will and testament does Takes effect after death Controls distribution of probate assets, appointment of a personal representative, and guardianship for minor children Does not control medical decisions The simplest way to think about it Living will = medical decisions while you’re alive Last Will = financial and administrative decisions after death Why this matters for your family A living will gives direction in a hospital room A last will gives structure after death Resources & Links Watch this episode on YouTube: https://youtu.be/N4in8DLF7Mw Related Episode: How to Write Your Own Will and Why You Shouldn’t: https://www.deathreadiness.com/podcast/50 Submit a Question for Upcoming Guest Blair Martin (Financial Advisor): Email: [email protected] Connect with Jill: Website: DeathReadiness.com Email: [email protected] Learn more about Jill’s solutions Subscribe to the Death Readiness Dispatch! Ask a question for Tuesday Triage Did you enjoy this episode? Share it with someone you care about. This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy. Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents. Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.