There are two primary documents that you need to ensure that you receive the proper healthcare even when you’re unable to make decisions for yourself. These documents are indicated by the terms power of attorney (POA) and living will. A power of attorney is a written document that allows others to make decisions on your behalf. Furthermore, the most common use of a POA document is to name a person to make legal, financial, and even health care decisions for you. This authority is conferred if you are unable to do them for yourself.

On the other hand, there is a so-called living will, an essential document for healthcare purposes. Beyond this, most people are confused about what is a power of attorney and how it differs from a living will. Is it better to get a power of attorney to receive healthcare, or is it wiser to choose a living will?

As you hit your golden age, it is crucial to have an advanced healthcare directive. A living will is a good kick start for yourself to prepare for the unexpected. However, before you start filling out forms and documents, you need to understand what a living will entail. It is also crucial to understand how a health care power of attorney differs from a living will.

In this article, we will discuss the difference between a power of attorney and a living will. More importantly, we will explore how both documents differ in application and usage.

What is a Power of Attorney?

Power of attorney or short for POA is a document that allows a person (the principal) to permit a trusted individual (the agent) the ability to make decisions on their behalf. You can get a written POA document to grant an agent the ability to do something in broad terms or only to take some specific actions for you. You can also ask your legal provider to make a customized POA document to take effect upon its creation — durable POA. 

In the same vein, the POA can become active upon the principal’s incapacitation. This is known as springing POA. In some cases, if the principal becomes incapacitated without drawing up the power of attorney documents, their family members may have to undergo an expensive and lengthy process of seeking guardianship. Legally, guardianship is needed to be able to manage the principal’s affairs.

Power of Attorney and the Connection With Health Care

The power of attorney document is used for legal and financial affairs, but it can also be used to get healthcare assistance. A POA for healthcare decisions is the same as a living will. It can be used to make decisions regarding medical care and treatment if you can no longer make your wishes known. 

The only difference is that a living will make your preferences known via a written statement. A POA for healthcare does not distribute your property after death. You can only distribute your wealth after death by a will, a trust, or via intestacy proceedings in probate court.

In simpler words, a power of attorney for healthcare gives someone else (the proxy) the ability to make decisions for you regarding your healthcare and treatment. It also applies to both end-of-life treatment and other areas of medical care, unlike a living will. However, in a living will, the proxy only has the power to act on your behalf if you are unable to do it yourself. Some valid conditions where it is useful are the loss of consciousness and mental ability.

Power of Attorney for Healthcare and the Advanced Directive

Depending on the state, the person you grant or give permission to get a durable power of attorney for healthcare is usually called your agent, proxy, surrogate, attorney-in-fact, or patient advocate. Some of the typical duties of this person include:

• Provide medical decisions that are not included in your healthcare declaration
• Hire and fire doctors and other medical workers handling your treatment
• Enforce your healthcare wishes in court (if it is required)
• Have access to your medical records
• Have visitation rights

What is a Living Will?

A living will is also known as an instruction directive or health care assistance. It is separated from the will that determines the inheritance of your assets and properties. A living will document focuses on your preferences concerning your medical treatment and other healthcare. 

If you develop a terminal disease or injury, like Alzheimer’s disease, brain tumour, or any head trauma that causes you to lose brain activity, a living will is necessary. Typically, a living will include instructions for the following:

• Assisted breathing
• Tube feeding
• Resuscitation
• Other life-prolonging procedures

A living will document may also cover your religious and philosophical beliefs. Aside from that, it may include how you would like your life to end. Take note that a living will is only valid if you are incapable of stating your wishes.

Final Thoughts

Between the health care power of attorney and a living will, you can choose the best solution for your situation. On the other hand, you may also get both POA and a living will as a combined advance directive for health care. Whether you choose one or go with both options, you will still receive similar benefits. 

By getting these two documents, you may prevent unnecessary and complicated legal issues. All your family and healthcare providers would have to do is follow your directives regarding what you want for your life. Thus, you will enjoy peace of mind.

To ensure you get the proper document, you should plan your health care directive with the help of an estate planning attorney. This way, your health care directive is better customized to your specific needs.

Lichtblau Law has advised and represented estate planning attorneys and administrators in both simple and complex estates. For more information on your estate planning needs, contact our office at 416-633-2465. Contact us today!