End-of-life planning is a sensitive yet crucial part of comprehensive estate planning. Two common documents that help ensure your medical wishes are carried out when you can’t speak for yourself are a living will and a healthcare power of attorney. While both serve a critical role, they function in different ways.
What is a Living Will?
A living will is a legal document that outlines your wishes regarding medical treatment and procedures if you’re incapacitated. It specifies whether you’d like to be kept alive through life-sustaining treatments, such as a ventilator, if you’re unable to make those decisions yourself. The goal of a living will is to avoid unnecessary suffering when you’re at the end of life or in a medical situation that leaves you unable to express your desires.
What is a Healthcare Power of Attorney?
A healthcare power of attorney (POA) allows you to appoint someone you trust to make healthcare decisions on your behalf if you become incapacitated. Unlike a living will, a healthcare POA gives flexibility to your designated person to make medical choices based on your values and current medical circumstances, ensuring your wishes are honored even when the exact scenario is not covered by a living will.
Living Will vs. Healthcare Power of Attorney: Key Differences
- Specific vs. General: A living will is more specific to certain medical treatments, while a healthcare POA allows for broader decision-making in all medical scenarios.
- Immediate Decision-Making: A healthcare POA grants your chosen representative authority immediately upon your incapacitation, while a living will applies only to end-of-life situations. This makes the healthcare POA a more flexible option, as it ensures decisions are made in real time based on your current medical condition.
Why You Need Both
An estate planning attorney will typically recommend having both documents in place to create a comprehensive end-of-life care plan. This approach ensures that your healthcare decisions are clearly outlined and flexible enough to adapt to any unexpected medical situations.