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Healthcare Power of Attorney vs. Living Will: Understanding the Differences

October 13, 2024

Many people only think about estate planning as a way to settle their affairs at their death. However, a well-designed estate plan takes care of you throughout your life. A key component of an estate plan involves healthcare decision-making. Planning for how decisions about your healthcare will be handled is just as important as deciding how your assets will be distributed.

Two crucial legal documents—Healthcare Power of Attorney (POA) and Living Will—help ensure that your medical preferences are followed when you can’t speak for yourself. While both serve essential roles in your healthcare plan, they have distinct differences that are important to understand.

What is a Healthcare Power of Attorney?

A Healthcare Power of Attorney is a legal document that allows you to appoint someone, known as your agent, to make healthcare decisions on your behalf if you are unable to do so on a temporary or permanent basis. This person can make decisions about your medical treatments, surgeries, medications, and other health-related matters based on your preferences and best interests.

Key features of a Healthcare Power of Attorney:

  • Appoints a person to make medical decisions for you.
  • Takes effect when you are incapacitated and cannot communicate your wishes.
  • Covers a wide range of medical decisions, from routine care to critical life-saving treatments.
  • Your agent makes decisions in real time as situations arise, giving them flexibility based on current medical advice.

What is a Living Will?

A Living Will is a legal document that spells out your wishes for end-of-life care if you are terminally ill or in a permanently unconscious state. It outlines specific treatments you want or don’t want, such as life support, resuscitation, or tube feeding, so that your healthcare providers know your preferences in advance. A living will allows you to make your preferences for end of life care known to your loved ones and your medical team.

Key features of a Living Will:

  • Specifies your medical treatment preferences in advance.
  • Takes effect only if you are terminally ill or in a permanently unconscious state.
  • Primarily focuses on end-of-life decisions, such as life support or resuscitation.
  • Does not appoint an agent—medical professionals follow the instructions laid out in the document.

Do I Need Both a Healthcare POA and a Living Will?

The short answer is: Yes—most people benefit from having both documents as part of their estate plan. A Healthcare POA ensures that someone you trust can make a wide range of medical decisions for you, while a Living Will specifies your preferences for end-of-life care, so your loved ones and healthcare providers know your wishes.

Having both documents in place provides you with comprehensive coverage, ensuring your medical preferences are followed in all scenarios. These documents work together to give your family peace of mind and prevent any confusion during difficult times.

How to Get Started with Your Healthcare Documents

Creating both a Healthcare POA and a Living Will ensures that your healthcare decisions are respected, no matter the situation. Regardless of your age, having a Healthcare Power of Attorney and Living Will ensures that your medical decisions are respected and that your loved ones are not left guessing during emergencies, giving you control and peace of mind in any situation.

At Ohio Heritage Law, I specialize in helping clients craft tailored estate plans that include these vital healthcare documents. If you’re ready to start planning or want to learn more about how these documents work, contact me today to schedule a consultation. Together, we can ensure that your healthcare wishes are honored, and your family is supported when they need it most.

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