Legal Glossary - L
Last Will and Testament - The phrase Last Will and Testament refers to the document that most individuals merely call a "will". The will is a written legal document, notarized and signed by witnesses, instructing how a person's assets will be divided among his/her heirs after death. Most wills also name an executor to manage the estate and, if minor children are involved, will name a guardian for the children. In some states, a handwritten will, signed and dated but without witnesses, is permissible and legal. Any amendments to a will, known as a codicil, must also be signed, dated, and witnessed and should refer to the will which it amends.
Liability - Liability refers to one's legal responsibility for his/her actions or omissions. When one is deemed "liable" for something, that means he/she has have failed to meet his/her responsibilities and is now open to a lawsuit for any damages occurring as a result of that failure. After a complaint is filed, the attorney for the plaintiff must prove the legal liability of the defendant beyond a reasonable doubt. In mesothelioma cases, the alleged liable party is often the employer who allows his employees to be exposed to asbestos on-the-job without benefit of protection or the manufacturer of asbestos-containing products used on the job or for personal use at home.
Living Will - A living will allows an individual to state their preferences for being kept alive by artificial means (or extraordinary life support) while they are still physically and mentally able to make those decisions. Generally, each state has their own format for living wills (most are similar) allowing the individual to state if and when they wish to receive life support. This is usually done by means of a simple "yes" or "no" answer to several questions. Mesothelioma patients are advised to make these decisions in consultation with their doctor or medical team. Family members should be advised as to the existence of the living will and are encouraged to abide by the patient's decisions.
Last modified: December 12 2007.
