Advance Directives, Living Wills, Powers of Attorney: What’s the Difference?
by
Shae Irving, J.D.
These legal documents have different names, but just one goal -- helping you direct your health care if you become unable to communicate your wishes.
The documents that set out your wishes for medical care may go by various names depending on the state in which you live: advance directive, living will, declaration, power of attorney, patient advocate designation, and so on. These are all terms for health care directives -- that is, documents that let you write out instructions about the type of health care you want to receive, including who should oversee your treatment, if you are unable to speak for yourself. Here’s a brief overview to help you understand these documents.
Living Will
This document bears no relation to the conventional will or living trust used to leave property at death. It's a document that lets you state what type of medical treatment you do or do not wish to receive if you are too ill or injured to direct your own care. (Among other things, you can use it to be sure doctors do -- or do not -- “pull the plug.”) The document may have a different name in your state (it's often called a "declaration"), but you’ll recognize it as the place where you write down your specific wishes about types of medical care.
For more information, see What You Can Cover in Your Health Care Directives.
Durable Power of Attorney for Health Care
This document, also known as a medical power of attorney, allows you to name a trusted person to make medical decisions for you if you are unable to communicate on your own. The person you name to make these decisions is usually called your agent or attorney-in-fact.
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