A living will is a legal document that says you don’t wish to be hooked up to any life support systems that artificially prolong life in the event you are terminally ill or permanently unconscious and unable to communicate. A health care power of attorney (in some states referred to as a durable power of attorney for health care), authorizes someone to act on your behalf as your attorney-in-fact in making your medical decisions, after it has been determined that you can no longer act in this capacity. Your health care power of attorney does not have to be a lawyer. In fact, most of the time, it is someone very close to you who you trust to carry out your previously expressed decisions.
Many people have both of these documents because each one offers something that the other does not. The living will remains in effect even if your health care power of attorney is unable to perform their duties. It acts as reinforcement in case someone challenges their decisions, and can even provide assurance that they are in fact following your wishes. Having this agent also protects you in case a scenario comes up that you might not have anticipated. It ensures that someone you trust, and who has knowledge of your general wishes and nature, has the decision making ability to make those unanticipated decisions that might arise. You maintain as much control over your health care as possible because you’ve planned ahead and someone you trust has your decision making ability just in case.
A living will basically states that you don’t want to have your life prolonged by artificial means after a doctor has determined that you are terminally ill and have no chance of recovery. State law has given you the right to accept or refuse such treatment. In most states it can be hand written, but usually it is drawn up by an attorney or uses a preprinted form. It must be witnessed by two people who do not have an interest in your death, and they can’t be relatives, heirs, or health care providers. It also must be notarized. Discussing these topics with your relatives and your physician is also very important. These decisions are very personal and are a reflection of your beliefs and values. The real key is to plan ahead and make these decisions before someone else makes them for you when you no longer can.
One of the drawbacks of a living will is that it only becomes pertinent when a doctor has determined that you’re not going to live. But a health care power of attorney can make medical treatment decisions before things get to this point. You have authorized them to speak for you anytime you are unable to do so for yourself, not just when someone has decided that you are terminally ill. It’s about maintaining control and quality of life issues, not just being alive, and focuses on what’s important to you, your attitudes of: independence and control, death and dying, and religious beliefs.
Advance directives don’t become relevant as long as you can make your own decisions, but if you are in an accident or become seriously ill, you know that someone you trust will make those decisions for you. Your health care power of attorney has the power to make all decisions regarding your health care, including health care providers, medical treatment, and life support decisions, as well as donating your organs for research or how your body will be disposed of unless you have written your document to restrict them in these decisions. You also have the right to revoke the health care power of attorney, in writing, at any time before you become incapacitated.
Advance directives are important for you because they insure that your wishes for your medical care are respected, but they can also be valuable for your care giver. They reinforce your wishes when it comes time to make the difficult decisions. These decisions are personal in nature and should reflect your beliefs and attitudes while respecting your wishes. After you have completed these documents, you should put the original in a secure place. Make copies and give to your agent, your physician, and anyone that might be involved with your health care.
You may have already named someone in your will to act as your power of attorney in the event you become incapacitated (sometimes referred to as a springing power of attorney), but you may also want to have a health care power of attorney because of the specific nature of making medical decisions. In fact, these can be two different people. It also protects you in case the state passes a law in the future that restricts what a living will can and can’t do.
