Understanding Advance Directives, Living Wills and Powers of Attorney
An Advance health care directive, also known as living will, personal directive, advance directive, or advance decision, are instructions given by individuals specifying what actions should be taken for their health in the event that they are no longer able to make decisions due to illness or incapacity, and appoints a person to make such decisions on their behalf. A living will is one form of advance directive, leaving instructions for treatment.
In some regions, the term advance medical directive is used in place of advance health care directive. They are the same thing. In both documents, the draftee states the medical actions they would or would not like to be taken in the event they are incapacitated and cannot make a decision at that time.
Another form authorizes a specific type of power of attorney or health care proxy, where someone is appointed by the individual to make decisions on their behalf when they are incapacitated
Power of Attorney (POA)
Power of attorney can be split into two categories. A durable power of attorney appoints an individual to make financial decisions on your behalf. Usually, the named individual would only take over the finances if you were unable to make a financial decision due to medical incapacitation. A durable power of attorney only allows the named person to make financial decisions.
A medical power of attorney (MPOA) appoints a person(health care proxy) to make medical decisions on your behalf. Keep in mind that your financial and medical wishes could possibly conflict; speak to an eldercare attorney in detail regarding your wishes in various scenarios.
What Legal Documents Do I Need?
Anyone can become incapacitated at any time. A young healthy adult does not necessary remain so. This become more salient for an elderly person. For a senior, it is in your best interests to appoint a health care proxy, someone who acts on your behalf in the event that you cannot make decisions for yourself due to medical incapacitation. You should also have a living will, which states the procedures you would want (or not want) performed in specific situations. Drafting a power of attorney for your financial affairs is also a good idea. When choosing a health care proxy and power of attorney, pick people whose judgment you trust-it's possible that the documents won't cover every scenario. In this case, the individual(s) will be able to make both medical and financial decisions on your behalf.
Related Articles
- 10 Frequently Asked Questions about Power of Attorney
- Advance Care Planning Explained
- 8 Things a Proxy can do to Obtain Good Care for the Patient
- Conservatorship or Guardianship
- Elder Law Attorneys
- Financial Planners and What they Do
- Guide for the Health Care Proxy
