What is the difference between a power of attorney and a living will?

A power of attorney and a living will are two distinct legal documents that serve different purposes.

A power of attorney is a legal document that grants a person (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal) in various legal and financial matters. This authority can be broad or limited and can be effective immediately or upon the occurrence of specific events, such as the incapacity of the principal. The power of attorney can be revoked or terminated by the principal at any time, as long as they are still competent to do so. This document is not designed to make healthcare decisions for the principal.

A living will, on the other hand, is a legal document that outlines a person's wishes regarding end-of-life medical treatment when they are no longer able to make their own decisions due to incapacity. This document can specify the types of treatments a person wants or does not want, such as life support, tube feeding, or artificial respiration. The living will allows a person to have control over their medical care even when they cannot communicate their wishes directly.

It is important to note that a power of attorney and a living will serve different purposes and may be used in conjunction with each other. For example, a person may appoint a healthcare power of attorney to make healthcare decisions on their behalf if they become incapacitated, while also having a living will in place that provides guidance on end-of-life treatment.

In conclusion, while both a power of attorney and a living will are important legal documents, they serve different purposes. A power of attorney grants legal and financial authority to another person, while a living will allows a person to control their medical care even when they are no longer able to communicate their wishes. It is important to have both of these documents, as well as any other legal documents that may be necessary based on individual circumstances, in place to ensure that your wishes are carried out. As always, it is recommended to consult with a licensed attorney in your jurisdiction to ensure that all legal requirements are met.