e unable to make medical decisions yourself: a living will and a power of
attorney. While their names may sound similar, they serve distinct purposes. Understanding these differences is vital to ensure your healthcare wishes are carried out according to your preferences.
Living Will: Your Voice in Medical Treatment
- Focus: A living will, also known as a healthcare directive, specifies your wishes regarding medical treatment in situations where you are terminally ill or permanently unconscious.
- Content: You can outline your preferences for life support, pain management, and artificial hydration and nutrition.
- Activation: A living will comes into effect only when you are incapacitated and unable to communicate your wishes.
- Legal Weight: While living wills are not legally binding in every state, they are highly respected by medical professionals and can guide them in making treatment decisions that align with your wishes.
Power of Attorney: Empowering Someone to Act on Your Behalf
- Focus: A power of attorney for healthcare (also called a durable power of attorney for healthcare) appoints a trusted individual, called your healthcare proxy, to make medical decisions on your behalf if you are unable to do so.
- Scope: This document can be broad, granting your proxy authority to make any medical decisions they deem necessary, or more specific, outlining your preferences for various scenarios.
- Activation: A power of attorney can be activated due to temporary or permanent incapacity, depending on the specific wording of the document.
The Key Distinction:
- Living Will: Expresses your wishes for medical care in specific situations.
- Power of Attorney: Grants someone the authority to make medical decisions for you.
Complementary, Not Replacements:
A living will and a power of attorney work best in tandem. A living will provides guidance for your healthcare proxy named in the power of attorney, ensuring their decisions align with your values.
Additional Considerations:
- Consult an Attorney: While living wills and powers of attorney are often available as pre-made forms, consulting with an attorney familiar with your state's laws is recommended to ensure the documents accurately reflect your wishes and are legally valid.
- Communication is Key: Discuss your living will and power of attorney with your loved ones and your healthcare proxy. Ensure they understand your wishes and are comfortable fulfilling this responsibility.
- Review and Update: Review your living will and power of attorney periodically, especially after major life changes or if your health condition evolves.