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A Living Will vs Power of Attorney for Healthcare

What is a Living Will?

A Living Will is a document that addressing whether you want life-sustaining measures. It is used if you have a terminal illness, condition, or disease.

This is different from a Last Will and Testament.

It only applies where the condition is incurable and irreversible. Death must be imminent. The use of any death delaying procedures (i.e. life support)  only serves to prolong the dying process. 

If you have a Living Will and a Power of Attorney for Healthcare, the following applies. Your Agent under the Power of Attorney for Healthcare will make healthcare decisions unless they are unavailable. 

What is a Power of Attorney for Healthcare?

A Power of Attorney for Healthcare allows you to choose an individual, called an "agent". An agent makes medical decisions on your behalf. Agents are used when a physician indicates in writing you are incapable of making your own medical decisions. 

Some of the decisions your agent could make are to:

  • Talk with physicians and other health care providers about your condition.
  • See medical records and approve who else can see them.
  • Give permission for medical tests, medicines, surgery, or other treatments.
  • Choose where you receive care and which physicians and others provide it.
  • Decide to accept, withdraw, or decline treatments designed to keep you alive if you are near death or not likely to recover. You may choose to include guidelines and restrictions on your agent’s authority.
  • Agree or decline to donate your organs. You should inform your agent if you agreed to donate your whole body for medical research and education.
  • Decide what to do with your remains after you have died, if you have not already made plans.
  • Talk with your other loved ones to help come to a decision. Your designated agent will have the final say over your other loved ones.

Keep in mind 

  • A Living Will is a statement of your wishes regarding life-sustaining measures that may delay your death when you have a terminal condition.
  • You can have a Power of Attorney for Healthcare and a Living Will.
  • You appoint an agent under the Power of Attorney for Healthcare to work with your doctors to make sure your wishes are followed. 
  • The agent appointed in the Power of Attorney for Healthcare will make all decisions about your medical care as you have specified.
  • If your agent is not available, your doctor will follow the wishes you have indicated in your Living Will regarding a terminal condition. 
Last full review by a subject matter expert
October 05, 2021
Last revised by staff
October 05, 2021

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