“Living will” and “living trust” sound similar—but they serve very different purposes. If you’re creating an estate plan in Georgia, understanding the difference is key to protecting both your health care wishes and your assets.
Here’s a clear breakdown of what each does, how they work, and why you might need both.
What Is a Living Will?
A living will is a legal document that outlines your medical care preferences if you’re unable to communicate or make decisions yourself—usually in end-of-life situations.
In Georgia, this is part of the Advance Directive for Health Care, which combines:
- A living will (your care preferences)
- A health care power of attorney (who makes decisions on your behalf)
What a Living Will Covers:
- Whether you want life-sustaining treatment (ventilators, feeding tubes, etc.)
- Pain management preferences
- Instructions for terminal illness or permanent unconsciousness
- Organ donation
A living will does not deal with property, money, or guardianship—it’s strictly about your medical choices.
What Is a Living Trust?
A living trust (also called a revocable trust) is a legal structure that holds your assets during your lifetime and distributes them after death—without going through probate.
You can serve as the trustee while you’re alive, meaning you keep control. You name a successor trustee to step in if you become incapacitated or after your death.
What a Living Trust Covers:
- Ownership of real estate, bank accounts, and investments
- Control and distribution of assets during life and after death
- Avoiding probate court
- Planning for incapacity
Unlike a will, a trust is private, can help with multi-state property, and may offer more control and flexibility in complex family situations.
Key Differences at a Glance
| Feature | Living Will | Living Trust |
|---|---|---|
| Purpose | Medical care decisions | Asset management and distribution |
| Takes Effect | If you’re incapacitated | During life and after death |
| Avoids Probate | No | Yes |
| Covers Medical Wishes | Yes | No |
| Covers Property | No | Yes |
| Revocable? | Yes | Yes |
| Requires Witnesses? | Yes | Yes (in most cases) |
Do You Need Both?
Yes—a complete estate plan should include both. They work together to cover your needs in life and after death:
- A living will protects your right to make your own health care choices.
- A living trust protects your assets and makes sure they’re handled properly without court involvement.
If you only have one and not the other, your plan is incomplete—and your loved ones may face legal and financial hurdles.
Let Hurban Law Help You Build a Complete Plan
At Hurban Law, LLC, we help Georgia residents create comprehensive, practical estate plans—including living wills, trusts, powers of attorney, and more. We’ll walk you through what you need and why, without the confusion.
Contact us today to make sure your future—and your family—is protected from every angle.
