Do You Need a Living Will and Healthcare Power of Attorney?

Many individuals wish to make clear in writing their own decision not to be hooked up to medical machines in the event that their death is imminent and their condition irreversible.  The Living Will provides this opportunity.  In addition, designating individuals to make important healthcare decisions for you in the event of your incompetence is important.  You can do so in a Durable Power of Attorney for Healthcare.

Living Will

A Living Will is a legal document that states your own instructions concerning end-of-life medical procedures.  Most commonly, the document instructs doctors not to keep you alive by artificial means if two doctors agree that you are:  a) in a permanently unconscious state (i.e. “brain dead”), or b) in a state such that death is imminent and nothing can be done to change that.

Durable Power of Attorney for Healthcare

A Healthcare Power of Attorney (HCPOA) is a legal document that designates an agent to make medical decisions for you if you are unable to do so at any time.  Unlike the Living Will, which pertains only to an end-of-life situation, this document includes non-life-threatening situations or any situation, permanent or temporary, in which you are unable to make healthcare decisions on your own behalf.  A Healthcare Power of Attorney is recommended for all adults, but is particularly important when you anticipate that disagreements on the course of your care may arise.