Two powerful pieces of any estate plan include a living will and a power of attorney (POA). At a high level, a living will is a legal document that clearly and explicitly states your wishes regarding medical treatments and decisions. A power of attorney grants authority to someone you trust to act on your behalf. ADVANCE DIRECTIVES FOR POWER OF ATTORNEY FOR HEALTH CARE As my agent to make any and all health care decisions on my behalf, except to the extent otherwise stated herein.
This medical power of attorney comes into effect if I cannot make my own health care decisions and my doctor certifies this fact in writing. A medical power of attorney is a document used to designate someone to make medical decisions on your behalf. A health care directive can also be used to refer to a document that contains a living will and a medical power of attorney. In addition, different states have different requirements for what constitutes a living will or a health care directive.
In addition, implementing a medical power of attorney allows you to discuss your treatment wishes with someone you trust before any unforeseen medical circumstances so that they can make health care decisions in your best interest. A power of attorney for health care or health care is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. In some states, this directive may also be referred to as a permanent power of attorney for health care or health care power of attorney. A power of attorney for health care gives another person (the proxy) the ability to make decisions for you regarding your health care.
Unlike a living will, it applies to both end-of-life treatment and other areas of health care. However, just like a living will, the proxy only has power to act on your behalf when you are unable to do so on your own, whether due to loss of consciousness or mental capacity. Medical professionals will determine if you are able. Permanent unconsciousness occurs when there is a reasonable degree of medical certainty that the patient can no longer think, feel, move knowingly, or be aware that they are alive, and there is no hope of improvement.
These health care documents are available for the benefit of people seeking peace of mind that they will not be kept alive, indefinitely, in a vegetative state. You can decide to have both a power of attorney and a living will, called a combined advance directive for health care. Choosing the Right Legal Document for Your Needs Will Make a Difference, and an Estate Planning Attorney Can Help. To ensure you get these benefits, you must create your health care directive with the help of an estate planning attorney, particularly one with experience in elder law.
In this document, you designate a person you trust to be your health care agent (sometimes called a de facto health care attorney, health care proxy, or substitute) to make the necessary health care decisions for you and to make sure that doctors and other care providers provide you with the type of care you want to receive. Try to be as specific as possible in this document, realizing that you can not account for all the possibilities, which is where the durable power of attorney for medical care comes into play. The term “living will” is commonly, albeit inaccurately, used to refer to a class of documents related to health care that also includes a “Declaration”, an “Advance Medical Directive”, an “Advance Health Care Directive” and a “Power of Attorney for Health Care.”. Business Wills, Powers of Attorney, and Living Wills Cannot Substitute for the Informed Professional Judgment of a Pennsylvania Estate Planning Attorney.
Keep in mind that the person with a permanent power of attorney for health care can never contradict the terms of their living will. The information provided on this site does not constitute legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is and will not be formed through the use of the site. Permanent power of attorney for health care is given to the person who wants to make medical decisions on your behalf in an emergency. Permanent Power of Attorney for Health Care Decisions General Statement of Granted Authority (DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS) GENERAL STATEMENT OF GRANTED AUTHORITY.
In some states, the living will and power of attorney are combined into a single form, often called an advance directive. . .