What is the difference between a power of attorney and a living will?
A power of attorney and a living will are two different legal documents that serve distinct purposes.
A power of attorney (POA) is a legal instrument that allows one person (the principal) to give another person (the agent) the authority to act on his or her behalf in certain matters. The scope of the authority granted can be broad or narrow, and can include financial, legal, and personal matters. A POA can be durable, which means that it remains valid even if the principal becomes incapacitated or unable to make decisions for him or herself.
A living will, on the other hand, is a legal document that expresses the wishes of an individual about the medical treatment he or she wants or does not want in certain situations. It is also sometimes referred to as an advance directive. A living will typically addresses end-of-life decisions, such as the use of life-support systems, and specifies whether the individual wants life-sustaining treatment withdrawn in certain circumstances.
The main difference between a power of attorney and a living will is that a power of attorney deals with decisions that can be made during the principal's lifetime, while a living will addresses end-of-life decisions. A power of attorney also grants broader authority than a living will, allowing the agent to make a variety of decisions on behalf of the principal.
It is important to note that there can be limitations or exceptions to the authority granted by a power of attorney or the instructions laid out in a living will. For example, a power of attorney may not allow the agent to make decisions about certain matters (such as healthcare decisions), or a living will may not apply in all situations (such as when the individual's condition is not terminal).
If you are considering creating a power of attorney or a living will, it is recommended that you consult with an attorney to ensure that the document is valid and enforceable and to make sure that the scope of the authority granted or the instructions laid out are appropriate for your particular circumstances.