Power of attorney is a legal instrument that is used to delegate legal authority to another person called an agent or attorney in fact.
Living will and poa.
The person who signs or executes a power of attorney is called the principal.
A medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so.
Both a medical power of attorney and a living will act in the same way in that both cater towards a person s medical wishes.
In some states this directive may also be called a durable power of attorney for health care or a health care proxy.
Many of us have faced hard decisions about what care a family member received near the end of their life.
There are two basic documents that allow you to set out your wishes for medical care.
A living will goes into effect when the testator is no longer able to communicate their wishes for health care or competent to make such decisions.
It s wise to prepare both.
A healthcare or medical power of attorney poa names a trusted loved one who would make medical decisions on your behalf in the event you are no longer able to make your own decisions.
That means no one is allowed to coerce you into making a living will or healthcare power of attorney.
Living will commonly attached to a medical power of attorney and allows an individual to set their end of life wishes ex.
Withholding food water breathing assistance etc.
Durable power of attorney for financial decision making.
It s always difficult because these choices are so personal that making them feels invasive and uncomfortable not to mention emotionally taxing.
Differences a living will is limited to deathbed concerns only and is used to declare your desire to not have life prolonging measures be taken if there s no hope of recovery for example in the event of brain death or terminal illness.
Having all three ensures the meeting of your health and financial needs in the event of your incapacitation.
In some states the living will and the power of attorney are combined into a single form often called an advance directive.
Unlike a traditional will explained above a living will provides instructions for use while the testator is still alive.
Power of attorney poa documents allow a person the.
A living will specifically handles end of life health care situations whereas a medical power of attorney covers a broad range of healthcare decisions and only goes into effect when a person becomes incapacitated.
A living will a durable power of attorney for finances and a durable power of attorney for health care typically appear as three separate documents.
In fact both of these documents are types.