Living Wills and POAs: A Brief Guide
If you’re looking into estate planning, chances are that you’ve heard the term “Living Will.” If you’re not looking into estate planning, this is a good place to start! A Living Will, despite the word “Will” in its name, is completely different from a Last Will and Testament. The Living Will is also known as an “Advance Directive” or “Directive to Physicians and Family or Surrogates.” Based on the name, you can probably tell that the Living Will is different from your Last Will and Testament because the Living Will is to be used during life.
Generally, a Living Will allows an individual to specify the type of end-of-life care that they wish to receive in two medical scenarios: a terminal condition and an irreversible condition. In each scenario, an individual may elect either to 1) terminate life sustaining medical treatment and transition to care to keep as comfortable as possible, or 2) continue receiving all available life sustaining treatments available.
A Living Will is not to be used instead of a Last Will and Testament, and is rather be used while the Last Will and Testament is not in effect. A Living Will is used during life, while the Last Will and Testament can be changed throughout life and holds power after death. A Living Will, as soon as it’s signed, can take effect once a physician has determined that the individual can no longer make decisions for themselves. This document is often used together with a Medical Power of Attorney (Medical POA). A Medical POA nominates an individual to serve as medical agent and make medical care decisions on an individual’s behalf upon disability or incapacity. The designated agent in the Medical POA will carry out the wishes in the Living Will.
If you’ve been admitted to a hospital, even for a minor procedure, there’s a good chance you’ve been asked if you had a Directive or Medical POA. These documents assist physicians and hospitals during emergencies to know your wishes and your trusted agent.
The information contained in this post is provided for informational purposes only, and should not be construed as offering legal advice, or creating an attorney client relationship.
