Perhaps one of the most important things an individual can do is properly plan for situations that may involve end-of-life or critical medical care decisions. Many times, people are not properly prepared, and when the situation arises where medical decisions need to be made, there are no directives set forth, so the decisions for medical care are left to medical providers who may or may not be able to keep the best interests of the individual in mind.
This is where advance directives come into play. It is important to note that requirements for advance directives can vary depending on where you live, and you should use state-specific forms to ensure your document is legally valid. Both living wills and medical powers of attorney are legal documents, and each document must be in writing and completed while you are of sound mind. Each is a written document that formally outlines your wishes regarding medical treatment and end-of-life care. This is why it is so vital to ensure that you have a proper set of medical directives in place prior to becoming seriously ill or incapacitated; but the question remains on just what directives you and your situation might require. Additionally, once completed, these documents should be kept in a secure location to ensure they are accessible when needed. In this article, we will explain the key differences between a living will and a medical power of attorney to help you make informed decisions.
Table of Contents
Introduction to Advance Directives
Advance directives are essential legal documents that empower individuals to communicate their medical wishes and designate someone to make healthcare decisions on their behalf if they become unable to do so. These documents play a crucial role in ensuring that your preferences for medical care and end-of-life care are respected, especially during times of serious illness or incapacity.
There are several types of advance directives, each serving a unique purpose. A living will, sometimes called a healthcare directive, is a written statement that outlines your specific wishes regarding medical treatments and interventions in situations where you cannot express your own decisions. This might include preferences about pain management, life support, or other forms of medical care.
Another important advance directive is the power of attorney for healthcare, or medical power of attorney, which allows you to appoint a trusted person—often referred to as a healthcare agent, healthcare proxy, or attorney-in-fact—to make healthcare decisions on your behalf. This ensures that someone who understands your values and wishes can advocate for you when you are unable to communicate.
By preparing advance directives such as living wills and powers of attorney, you can provide clear guidance to your family members and healthcare providers, reducing confusion and stress during difficult times. These legal documents are a vital part of any estate plan, helping to safeguard your healthcare wishes and ensure your voice is heard, even when you cannot speak for yourself.
Living Will
There are basically two ways to provide for proper decision-making should you become incapacitated or terminally ill. A living will is very similar to an advance healthcare directive and is used to provide legal instructions for what your life-prolonging medical treatments should be and for how long they should last. Living wills dictate the following:
-
Whether or not a person wants to be resuscitated
-
Whether or not a person wants to be kept on life support
-
Whether or not a person prefers a natural death
-
Preferences for comfort care, palliative care, and pain medication to ensure comfort at the end of life
-
Decisions regarding tube feeding and use of a mechanical ventilator, including when and how long these interventions should be used
A living will is a type of advance healthcare directive and may also appoint a healthcare representative to advocate for your wishes if you are unable to communicate. It can include your preferences for organ donation and whether you wish to donate organs after death. Unlike a living will, a last will deals with the distribution of your assets after death and does not address medical treatment decisions.
These decisions take effect only when the individual is incapacitated and unconscious, and only if there is no realistic medical hope of recovery. Typically, a living will takes effect when a terminal condition is confirmed by two physicians, and a doctor must review the document and enter the relevant medical orders into the patient's medical record to ensure your wishes are followed. Doctors play a key role in discussing, implementing, and honoring these directives. Deciding and documenting your medical treatment preferences in advance is crucial to ensure your healthcare choices are respected.
Unfortunately, if a person becomes incapacitated but does not slip into a permanent vegetative state, the living will does not come into effect and any medical decisions will be left to attending medical staff in the absence of any official direction.
Medical Power of Attorney
A medical power of attorney, also known as a durable power of attorney for healthcare or healthcare power of attorney, differs from a living will in that it appoints an individual to act as an agent for the principal and make healthcare decisions for them should they become incapacitated. The person appointed may be called a healthcare attorney or healthcare surrogate, and is authorized to make healthcare decisions on your behalf. The healthcare power of attorney document allows the agent to communicate with healthcare providers and access medical records to make informed decisions. As long as the principal remains conscious, their medical decisions remain theirs to make.
As soon as the principal becomes incapacitated, the agent takes over the decision-making process for the principal, usually making healthcare decisions that are agreed upon prior to the incapacitation of the principal. This is advantageous because it leaves a trusted person in charge of your medical decisions should you be unable to do so, and that process does not require you to be on your death bed for it to take effect. Advanced directive decisions can also be left with your attorney-in-fact to decide should you slip into a hopeless medical condition.
Living Will and Medical Power of Attorney Together
Perhaps the best decision one can make is to have both a living will form and a medical power of attorney in place to ensure that all their advanced wishes are met. Deciding your preferences in advance and making sure both documents accurately reflect your wishes is essential for your healthcare choices to be respected. The principal can make their own medical decisions up until the point of incapacitation, at which point the medical power of attorney will take effect, allowing a trusted person to make the decisions for them.
If the principal were to slip into an unrecoverable coma, the living will would then take effect, ensuring that the principal’s end-of-life decisions were honored. If you move into a nursing home, it is important to update and display your living will and medical power of attorney documents so that your medical wishes are clear and accessible to the staff and medical care team. Combining a living will with a medical power of attorney is really the only way to be absolutely certain that your critical healthcare decisions will be followed exactly as you want them to be. It provides for definite peace of mind during an otherwise difficult time. Having two documents—both a living will and a medical power of attorney—ensures comprehensive coverage for healthcare decision-making.
How to Create Your Living Will and Medical Power of Attorney
Use our customizable forms and templates to get started today. Click here to create your healthcare forms now.
