As discussed in another post, “The Estate Planning Four-Pack.” Two documents are often used to help plan for one’s control medical treatment. The Living Will and the Healthcare Power of Attorney. Although both documents deal with medical decisions, you should know some important differences before drafting such documents.

The Living Will v. Health Care Power of Attorney

A Living Will directs your agent to enforce your wishes regarding the use of life-prolonging treatment if you are terminally ill and lack the capacity to make such a decision. A Living Will is a document that is generally limited to deathbed concerns only. Moreover, a Living Will can direct your healthcare providers on whether or not to provide nutrition and hydration. When the principal is in a persistent vegetative state or in a terminal condition, that could result in death within a reasonably short time. A Living Will can name an agent to revoke the declaration on the principal’s behalf. Furthermore, a Living Will can name an agent to enforce the declaration on the principal’s behalf. A Living Will cannot substitute for a Health Care Power of Attorney.

A Health Care Power of Attorney often picks up where a Living Will ends. And it is a much more expansive document. A Health Care Power of Attorney covers all healthcare decisions and only activates if the principal is unable to make or participate in those decisions. In other words, the agent’s authority to act on the principal’s behalf. Only the principal’s inability activates it to make decisions regarding their health care treatment. A healthcare power of attorney often allows the agent access to the principal’s protected medical records and makes various healthcare decisions for the principal. When they cannot allow the agent to consent to organ donation on the principal’s behalf, should the principal desire to do so.

Who Should You Choose as Your Agent?

You can choose separate agents for both documents or the same agent, but regardless, you should choose someone you trust. It is important to carefully select your personal representative in your Last Will and Testament. Your Living Will and/or Health Care Power of Attorney agent acts on your behalf. It acts in accordance with your wishes as outlined in these documents when you are unable to do so.

Furthermore, your estate plan be as comprehensive as possible. It includes planning methods to control medical treatment through the creation of a Living Will and Health Care Power of Attorney.

If you want more information on how these documents could assist you, please contact our team to schedule a consultation.