Advanced Healthcare Directives, Living Wills and Healthcare Power Of Attorneys
Living Will
All states protect your right to exercise control over the medical treatment and procedures rendered by doctors and healthcare providers. This right is protected even when an individual reaches a terminal stage of life in which the person lacks mental or physical capacity. However, to exercise this future control over medical decisions, state laws require you to be proactive by making your wishes known while you are well and fully competent. Failure to act can result in confusion, controversy and even lawsuits over your true wishes or intentions about medical care administered during a terminal-illness-stage of life.
In exercising control over future medical decisions, it is important to understand the purpose and use of a Living Will. Executing a Living Will allows you to legally establish your wishes about medical care and treatment during a terminal illness or a permanent unconscious state. This document is also referred to as an Advanced Healthcare Directive because the patient is directing the healthcare provider as to what medical actions are to be taken during this period. With the Living Will, you may direct the doctor to provide, or withhold, life-prolonging procedures.
The Living Will impacts only your medical care during a period of incapacity. The Living Will does not have any legal effect with respect to the transfer of your property at death; it applies only to your medical care. You should sign the document and have it witnessed, preferably by non-family members. Also, talk to your doctor about your wishes as expressed in your Living Will and request the document to become part of your medical records.
Medical Power of Attorney
In addition to a Living Will, you should consider a Durable Power of Attorney for Healthcare, where you appoint a person (referred to as an Agent or Attorney-in-Fact) to make medical decisions if you are unable to do so. With this document, you are naming in advance a person you trust to be your voice if you become mentally or physically incapacitated and cannot communicate to the doctor. With this document, you can express directives about care and treatment and establish the authority of the Attorney-in-Fact.
