Living Will And
Durable Power Of Attorney For Health Care. What Is The
Difference? by: James
Wood
A Living Will is a legal document addressing only
deathbed considerations; a client unilaterally declares
his/her desire that life-prolonging measures be
discontinued when there is no hope of ultimate recovery.
On the other hand, people use a Durable Power of Attorney
for Health Care to appoint someone to make all healthcare
decisions, limited by certain elections regarding
deathbed issues.
The client must be at least 18 years old and mentally
competent at the time he/she executes either document but
incompetent to participate in the decision-making process
when either is implemented. It is important to remember
that both documents are only applicable if the client is
incompetent.
Under the a Living Will, a client declares that if he/she
is certified to have an incurable, terminal
injury/illness and/or to be permanently unconscious by
two examining physicians (including the client's
attending physician), that artificial life-support
systems be withheld or disconnected. The client may also
elect to discontinue artificial nutrition and hydration
(intravenous feeding) by so designating on the form.
(Find more information at:
legalhelper.net/living-will.aspx)
Under the Health Care Power of Attorney, the client makes
three separate and independent elections authorizing the
agent:
1. To direct disconnection of artificial life-support
systems in the event of terminal illness;
2. To direct disconnection of artificial life-support
systems in the event of irreversible coma; and
3. To direct discontinuation of artificial nutrition and
hydration.
In addition, the Health Care Power of Attorney form
provides a space for the client to set forth any specific
medical, religious or other desires concerning his/her
health care. The client may also use this section as a
backup source for organ donation. (Find more information
at: legalhelper.net/power-of-attorney.aspx)
Both documents are signed in front of two witnesses and a
notary public or a justice of the peace who acknowledges
the client's signature. The witnesses to a Living Will
are sworn by the notary public/justice of the peace and
indicate that the client is at least 18 years of age and
signed the instrument as a free and voluntary act.
The Living Will witnesses may not be the client's spouse,
attending physician, heirs-at-law or person with claims
against the client's estate.
The Health Care Power of Attorney witnesses may not be
the designated agent, the client, spouse or heir or
person entitled to any portion of the client's estate
upon death under Will, Trust or operation of law.
People are frequently confused as to why both a Living
Will and Health Care Power of Attorney are necessary or
appropriate. The Living Will is helpful as a backup
document: In the event that the client enters an
irreversible coma and the health care agents designated
in the Health Care Power of Attorney are deceased or
unloadable, the Living Will sets forth the desires of the
client concerning his/her death-bed treatment which may
be followed by attending physicians. The law provides
that to the extent that a Durable Power of Attorney
conflicts with a Living Will, the Health Care Power of
Attorney controls. Copies of both the Durable Power of
Attorney for Health Care and the Living Will are
forwarded to the client's primary care physician for
inclusion in medical records.
Both documents are revocable through normal revocation
procedures.
Note that LegalHelper.net provides an easy-to-use, quick,
and economical online method for creating completed legal
documents for any occasions.
About The Author
James Wood is a free-lance writer on family issues; his
main goal is to help people during their complicated
period of life, to find a right legal solution in regards
to family relationship.
Website: LegalHelper.net
(http://www.legalhelper.net/power-of-attorney.aspx).
wjames@legalhelper.net
