What is the difference between a living will and a healthcare power of attorney?
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A living will and a healthcare power of attorney are both legal documents that allow individuals to express their wishes regarding medical decision making in the event of incapacity. However, there are some key differences between the two.
A living will is a legal document that outlines an individual’s desires for medical treatment and care if they are unable to communicate their wishes. It allows individuals to provide instructions about specific medical interventions they would like to receive or refuse, such as life-sustaining treatments like ventilators, feeding tubes or cardiopulmonary resuscitation (CPR). Living wills can also address end-of-life care wishes like palliative care or hospice services. Living wills typically only take effect when an individual can no longer make their own decisions due to incapacity.
On the other hand, a healthcare power of attorney is a legal document that designates an individual (known as a healthcare agent or proxy) to make medical decisions on behalf of another person in the event they are unable to do so. The healthcare agent’s authority is determined by the terms of the document and can be as broad or as limited as the individual wishes. A healthcare power of attorney can also cover other medical care decisions beyond those outlined in a living will.
While both documents cover end-of-life medical decisions, there are some important differences between the two. A living will typically only provides instructions about specific medical treatments, while a healthcare power of attorney allows another person to make medical decisions on an individual’s behalf if they are incapacitated. Additionally, a healthcare power of attorney can be more flexible than a living will because it allows the healthcare agent to make medical decisions in real-time, rather than relying on specific instructions.
It's important to note that requirements for living wills and healthcare powers of attorney can vary by state. As such, individuals should consult with a licensed attorney in their respective jurisdiction to ensure that their documents comply with relevant state laws and legal precedents.
In summary, a living will and a healthcare power of attorney are both important legal documents for individuals to consider when planning for incapacity. While they share some similarities in their purpose, they are distinct documents that serve different functions. Individuals should consider consulting with a licensed attorney to ensure they fully understand the differences and that their wishes are reflected in their legal documents.
