For individuals that are planning their estate, you've probably heard of two terms: medical power of attorney and a living will. These two terms often get confused due to their similar roles. However, while they both carry similarities, there are a few key differences to consider.
If you're currently planning your estate, read on to learn the difference between a medical power of attorney and a living will.
What Is a Medical Power of Attorney?
A medical power of attorney, also known as a health POA, is a legal document that an individual uses to name an agent and give them authority to make medical decisions on their behalf.
Keep in mind that a medical power of attorney is only exercised in the event that an individual cannot make medical decisions for themselves. For instance, if someone is in a coma, the assigned agent will use their medical power of attorney to make decisions moving forward such as with treatment options. For this reason, it's important to choose an agent that you trust to make the best medical decisions for you.
How Does It Work?
Many people don't expect to find themselves in a situation where they need a medical power of attorney. However, these kinds of situations are more common than you might think. Here are a few situations when a medical power of attorney would come into effect.
- An individual is in a coma. This could be due to something such as a stroke or brain injury.
- An individual loses the ability to talk due to disease or dementia.
- There is a short or long-term lapse in mental health, preventing an individual from making sound decisions.
If someone is dealing with one of the above issues, a doctor will decide whether a medical power of attorney is necessary. A medical power of attorney ensures that an individual continues to get the best possible care.
What Can an Agent Do as a Medical Power of Attorney?
An agent serves as the voice for the patient and ensures that the patient's medical wishes continue to be honored. With that said, there are various decisions that an agent will be able to make on the patient's behalf. Here are a few things that an agent is authorized to do.
- Determine what tests to run on the patient.
- Determine which doctors/facilities to work with.
- Decide when and if a patient should have surgery.
- Choose which treatments will be best for the patient.
- Decide whether to disconnect life support in the event the patient is in a coma.
How Do You Prepare a Medical Power of Attorney?
Assigning an agent as your medical power of attorney isn't as simple as just choosing someone. You must fill out a form to make it binding. In addition, this form must be signed only when you are of "sound mind".
It's important to note that it's possible to name more than one agent on your form. However, this can cause complications later down the line. For instance, if you ever need to exercise your medical power of attorney, the two assigned agents may not agree on what to do in a crisis. For this reason, it's best practice to choose one trustworthy agent who you confidently feel will make the right medical decisions for you.
When Should I Make a Medical Power of Attorney?
Making a medical power of attorney is likely not the first thing on your mind, especially if you have overall good health. However, anything can happen, which means it's best to be proactive and have someone in place who can act on your behalf to stay in charge of your health.
The last thing that you want to do is face a serious medical challenge and attempt to quickly assign an agent to be the medical power of attorney. Even more, you could potentially find yourself unable to speak without a medical power of attorney in place, leaving you vulnerable.
With that said, anyone who is an adult should assign an agent as soon as possible to ensure they already have a trusted person in place should they ever need it.
What Are the Benefits?
Here are 3 benefits of a medical power of attorney to consider.
1. Ensure Wishes Are Met
If you have any medical wishes that you want to be honored, you can ensure these wishes are met with the help of a medical power of attorney. Your designated agent will make decisions on your behalf to help you receive quality care.
2. Provides a Peace of Mind
No one wants to find themselves in a situation where they can't make important medical decisions about their life. With that said, having a medical power of attorney in place can give you peace of mind knowing that a trusted person is making medical decisions for your benefit.
3. Removes Stress from Loved Ones
Without a medical power of attorney, it will be easy for your loved ones to become overwhelmed when they realize they have to make medical decisions for you. Leaving serious medical decisions up to your loved ones can be difficult and lead to stress. Assigning an agent who is prepared for the role will alleviate this stress.
What Is a Living Will?
A living will, which is also known as an advanced directive, is a legal document that outlines the type of medical care an individual does or does not want in the event they are not able to communicate their wishes.
For instance, if someone is unconscious due to an illness, the doctor will consult the living will to determine the next course of action. In this case, the living will might specify whether the individual would like to receive life-sustaining treatment such as tube feeding.
How Does It Work?
A living will is an advanced directive that only comes into play when an individual is facing a life-threatening condition and is not able to communicate the kind of care they would like to receive. It's important to note that a doctor will not consult a will if the patient is only receiving standard medical care.
If you are creating a living will, you will need to answer a few important questions for yourself regarding your care. For instance, it's important to consider what treatments you want or wouldn't want to keep you alive. In addition, it's important to consider whether you would want treatment to extend your life in any situation.
The doctor and the hospital will use the information you specified in your will to honor your medical wishes to the best of their ability, even if you are unable to voice your desires.
How Do You Prepare a Living Will?
You do not need a lawyer to make a living will. However, you may find it easier to have a lawyer draft one up for you. It's important to note that every state has its own requirements for a living will, which means you will need to fill out a form for your state and follow the guidelines in order for it to be accepted. You should be able to find a form at places such as a local hospital or senior center, your primary physician, and your state's medical association.
When Should You Make a Living Will?
There is no particular timeframe of when an individual should make a living will. However, every adult can benefit from having one. With that said, there are instances where having a living will is especially important.
Individuals living with a terminal illness should have one in place. Similarly, individuals who are about to undergo surgery could benefit from having a living will.
What Are the Benefits?
Here are 3 benefits of a living will to consider.
1. Autonomy Over Your Health
One of the main benefits of having a living will is that you can voice your desires regarding treatment that you would like to be administered or be withheld at the end of life. Doctors are required to comply with their patient's requests as long as it fits within a reasonable scope of their medical practice. With that said, you can feel peace of mind knowing that the doctors will work to the best of their ability to adhere to your wishes.
2. Reduce Family Burden
If an individual does not have a living will in place, the doctors will turn to the next of kin to determine medical decisions. If these decisions are a matter of life and death, this can place a burden on your loved ones who may not be prepared to make these kinds of decisions. Having a living will means that your loved ones won't have to make any unexpected choices regarding your health.
3. Flexibility
Another benefit of a living will is that they are flexible. This means that you can change your mind at any time regarding your medical wishes. If you want to revoke your living will, all you need to do is simply destroy it or write a new one.
Conclusion
Effectively planning for end-of-life or critical care decisions early on is important. You don't want to wait too late to make decisions pertaining to your medical needs. With that said, both a medical power of attorney and a living will are useful legal documents to have in place. A living will is utilized by doctors when it's time to make life-prolonging medical treatments. Ultimately, a living will outline whether a person should be resuscitated, whether an individual wants to be kept on life support, and whether an individual would like to die naturally.
A medical power of attorney, on the other hand, relies on an agent to make medical decisions for the individual in the event they are incapacitated. By assigning a trustworthy agent, you can ensure that someone is working on your behalf to ensure your medical needs are met.
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