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What's the difference between a Living Will and Health Care Power of Attorney?

A Living Will documents your wishes concerning withdrawing or withholding life-sustaining treatment if you have a terminal condition or are in an irreversible coma. A Living Will only becomes effective if you are unable to make health care decisions for yourself, for example, if you're unconscious. In some states, a Living Will is effective only if you are expected to die within a relatively short time unless you receive life-sustaining treatment.

Other states allow you to direct that even artificially administered nutrition and hydration can be withdrawn or withheld under these circumstances.

Generally, a Health Care Power of Attorney allows you to document the same wishes as a Living Will. However, a Health Care Power of Attorney allows you to designate an 'agent' to make health care decisions on your behalf if you are unable to make those decisions. For example, if you suffer an illness and are unconscious, under a Health Care Power of Attorney your agent can make health care decisions for you. Such decisions would include consent to surgery and even the withholding and withdrawing of life-sustaining treatment if permitted by the document.

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