Estate Planning For Peace Of Mind

How is a power of attorney different than a living will?

On Behalf of | Oct 24, 2024 | Estate Planning |

When considering medical decisions in your estate plan, you have two documents you may want to use. First, you may consider using a power of attorney. Second, you may be thinking about using a living will.

Both of these documents can be beneficial, but they do operate in very different ways. Let’s take a look at how they are different so that you can determine which one will be best in your situation.

Leaving medical instructions

First of all, if you just want to leave instructions for your medical team, you can use a living will. Maybe you do not want to be resuscitated if you pass away or maybe there are other specific treatments you would like to avoid. If you become incapacitated, the doctors can look at the living will and get instructions that are still coming from you. Your family members may not have made the same medical decisions on your behalf, so it’s important to make your intentions known – both to doctors and your family.

Making medical decisions

On the other hand, a power of attorney gives you a chance to pick a medical agent. You authorize this person to make your healthcare decisions for you. Instead of leaving specific instructions for the doctor, you give them an agent they can work with, analyzing your condition and any potential treatment options in real-time. A power of attorney can be a little bit more flexible because the doctors can talk to your agent, even though you are incapacitated, whereas a living will is inflexible and must be followed as it was written.

If you want to add these documents to your estate plan, be sure you know exactly what legal steps to take.