The Difference Between a Living Will and Durable Power of Attorney for Health Care

The main difference between a Living Will and a Durable Power of Attorney for Health Care is the circumstance in which they come into effect. There are also differences in the degree of power to which they grant an agent to act on your behalf with regard to health care issues if you are incapacitated or otherwise incapable of making decisions for yourself. You must be at least 18 years old and of sound mind when you write either document, but you have to be incompetent to decide your own health care in order for either to come into effect.

A Living Will is limited to deathbed concerns only, and is used to declare your desire to not have life-prolonging measures be taken if there’s no hope of recovery, for example, in the event of brain death or terminal illness. A Durable Power of Attorney for Health Care, on the other hand, covers all health care decisions, and lasts only as long as you are incapable of making decisions for yourself. However, you can set out specific provisions in the Power of Attorney telling your agent how you would like them to act in regards to deathbed issues. Furthermore, unless you specify your Durable Power of Attorney to allow your agent to act in medical matters only, you agent can also handle your financial and business matters.

It is a good idea to create both documents and to let your loved ones know your wishes on such matters. This way, your family will be spared much emotional anguish, medical expense, and legal hassle. You can quickly and easily create your Living Will and Durable Power of Attorney with RocketLawyer.com. You can also Find an Estate Planning Lawyer to review your documents and estate plans.

Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.