Healthcare Durable Power of Attorney and Living Will

What is a Healthcare Durable Power of Attorney (POA)?

A Power of Attorney is a document in which you name someone to make healthcare decisions for you if you are ever unable to make them for yourself.  You could have an accident or be under anesthesia when unexpected surgical complications occur that require additional procedures.  If you can't give consent, the doctor would contact the "agent" or "attorney-in-fact" named in your POA for consent.

What is a Living Will?

A Living Will is a document containing your instructions on how much end-of-life, heroic medical care you want.  It is only effective if you a) have a terminal illness such as cancer, or b) have an end-stage condition like end-stage kidney failure, or c) are in a persistent vegetative state (coma) and are not expected to regain consciousness, and death is imminent.

What is the difference between a Healthcare POA and a Living Will?

The Healthcare POA is effective anytime you can't make healthcare decisions for yourself.  A Living Will is only effective when death is imminent.  You will need both because the two documents are effective at different times and they do different things.

How do I create a Healthcare POA and Living Will?

Before you sign the document, you should discuss the effects of various medical treatments with your physician, and/or possibly your religious leader to help you decide what instructions to put in your POA.

What happens if I don't have a Healthcare POA

If you can't consent to needed medical treatment and don't have a durable POA for healthcare, the law of most jurisdictions provides a "pecking order" of close relatives who your doctors will consult.  Your spouse, then your children, etc.  But, this may not be what you want.

Maybe an estranged spouse is not the person you wish to make medical decisions for you.

If you have no family, a Court may have to make you a ward of the Court and appoint a local attorney to be your healthcare agent.  Generally, you do not want to involve the Courts because the Court doesn't know you or your wishes.

Terminally Ill at Home

If you or a loved one is terminally ill at home and you want your wishes known and followed by the emergency rescue squad, there are At-Home documents that you can complete.

 

The information presented in this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.