Two documents share a similar name, yet they serve completely different purposes. A will handles your money and property after death. A living will, often paired with a Health Care Proxy in Massachusetts, outlines your medical choices if you cannot speak for yourself.
At Jordan & White, LLC, we help Massachusetts families put both pieces in place. With roots dating back to 1938 and 13 years as a modern practice, we focus on plans that work in real life, not just on paper. Understanding the difference between these documents is an important step in Planning for a Great Life™ and keeping your future decisions clear and respected.
The Simple Difference in One Minute
- A Will: Controls who receives your assets, who manages your estate, and who cares for minor children.
- A Living Will/Personal Directive (with a Health Care Proxy): States your medical treatment preferences and guides your chosen decision-maker during a health crisis.
One document governs after death. The other protects your wishes while you’re alive.
What a Will Covers
A will is your voice for property and family decisions. It names a personal representative (Massachusetts’ term for executor), outlines who receives your assets, and nominates guardians for minor children. Without one, state intestacy laws decide who inherits, often in ways that don’t reflect your real wishes.
Even if you use a trust, a simple “pour-over” will catches anything left outside the trust and directs it appropriately. This keeps your plan organized and helps ensure nothing slips through the cracks.
When a Will Takes Effect, and Who It Names
A will becomes active only after death and is used during the probate process. Your personal representative files it with the court, inventories assets, pays bills and taxes, and distributes what remains.
Most people choose a spouse, adult child, or close friend…someone organized, calm under pressure, and willing to ask questions when needed. Selecting the right person is an important part of Keeping It Great™ as life changes.
What a Living Will Covers
While a will speaks to property, a living will (or personal directive) speaks to values. It addresses your preferences for treatments such as ventilators, feeding tubes, pain management, and comfort-focused care. Writing down these wishes removes guesswork during emotionally difficult moments.
In Massachusetts, the binding medical decision-making tool is the Health Care Proxy, which names the person who talks to doctors on your behalf. A living will supports your proxy by explaining what matters most to you.
Pair both documents with a HIPAA release, which gives your agent access to medical information so they can act quickly and confidently.
Will vs. Living Will: A Quick Comparison
| Topic | Will | Living Will (with Health Care Proxy in Massachusetts) |
| Main purpose | Directs property distribution + names estate manager | States medical treatment choices + guides health care agent |
| When it applies | After death | During life, only if you can’t communicate |
| People it names | Personal representative, guardians | Health care agent + alternates |
| Covers property? | Yes | No |
| Covers health care? | No | Yes |
| Common add-ons | Pour-over will to trust | HIPAA release |
Both documents fill different roles, and most families benefit from having both.
Myths & Practical Tips
Misunderstandings often get in the way. Clearing them up makes planning easier:
- Myth: A will avoids probate.
Reality: A will guides probate. Only funded trusts or beneficiary designations avoid it. - Myth: A living will replaces a Health Care Proxy.
Reality: In Massachusetts, the Health Care Proxy appoints the decision-maker. The living will tells them what you want. - Myth: Young adults don’t need medical documents.
Reality: At 18, privacy laws shift, and a simple proxy can save hours in an emergency.
To get started, focus on three basics: write down what matters, choose people you trust, and sign documents with the proper formalities. After major life changes, marriage, divorce, a move, or new children, review the documents to ensure everything still aligns.
How a Living Trust Fits In
Many families pair a will with a revocable living trust to streamline transfers, increase privacy, and prepare for potential incapacity. A trust doesn’t replace your will or your medical documents, it works alongside them.
If you use a trust, funding is the part that counts. Retitle real estate, move bank and investment accounts, and align beneficiary designations so everything points to the right place.
Massachusetts Notes You Should Know
A few state-specific points help the documents work properly:
- The term personal representative replaces “executor.”
- The Health Care Proxy is the legally recognized tool for naming a medical decision-maker.
- Personal directives (living wills) are helpful guidance, even though they aren’t legally binding.
- Keep HIPAA releases and proxies somewhere accessible, such as your wallet, health app, or with your primary care provider.
These small steps make a big difference during emergencies.
Ready to Take the Next Step? Choose What Fits Your Journey
Understanding the difference between a will and a living will is a key part of Planning for a Great Life™ and making decisions that truly reflect your values.
Pick the step that best matches where you are today:
- Want to get organized? Check our Estate Planning Launch Pad Plans
- Just getting started? Schedule a Great Life Discovery Session™.
- Already have documents? Book a Keeping It Great Check-In™ to update or refine your plan.
Call us at 978-744-2811. We’re here to make the process clear, calm, and practical, so your future stays protected and your loved ones never have to guess.