This article explores how combining a healthcare power of attorney and a living will can provide a comprehensive approach to future healthcare planning.
As you grow older, it's wise to plan for the unexpected by creating legal documents that outline your wishes for medical treatment and designate someone to make decisions on your behalf if you become incapacitated. Two key documents that work together are a healthcare power of attorney and a living will.
A healthcare power of attorney allows you to appoint someone you trust as your healthcare agent or proxy. This person would have legal authority to make decisions about your medical care if you became unable to make those decisions yourself due to illness or injury.
A living will, sometimes called an advance directive, outlines your preferences regarding life-sustaining treatment if you were in a terminal condition or persistent vegetative state. It specifies which medical interventions you would want, including resuscitation, artificial nutrition, breathing machines, and other life-prolonging measures.
Appointing a healthcare agent through a power of attorney ensures you have an advocate to uphold your wishes if you can't communicate them yourself. This document gives someone legal authority to make decisions about your care based on your known values and preferences.
Choosing your agent carefully is crucial. It should be someone you trust implicitly, who understands your beliefs about medical issues, and who will remain levelheaded in difficult situations. Many people choose a spouse, adult child, or close friend as their agent.
In the document, you can provide instructions about your healthcare wishes to guide your agent. You can grant broad or limited powers for decision-making on issues like surgeries, life support, nursing homes, and more.
Having an appointed agent can ease burdens on loved ones and prevent family conflicts over care decisions. It also ensures there is a designated decision-maker if you cannot advocate for yourself.
A living will is your voice when you cannot speak for yourself about end-of-life preferences. It provides specific written instructions so there is no doubt about your desired medical care.
In your living will, you can detail your wishes regarding:
You can be as broad or specific as you like. The more detail you provide about your preferences, the clearer the guidance will be for your loved ones and healthcare providers.
It's wise to discuss your living will wishes with your doctor too. They can explain your condition and care options, allowing you to make fully informed decisions.
Appointing a healthcare proxy and outlining your end-of-life wishes creates a comprehensive healthcare plan to guide your future care. The two documents complement each other by addressing different aspects of your medical needs.
Your living will expresses your personal desires about life-sustaining treatments and end-of-life care. Meanwhile, your power of attorney assigns someone to interpret those wishes and make decisions on your behalf during any period of incapacitation.
Together, these documents provide clear advance directives to doctors, healthcare staff, and your loved ones. Your designated agent has the legal authority to ensure your preferences are honored, removing doubts or conflicts.
Be sure to provide copies of both documents to your appointed agent, doctors, close family, and anyone else who may be involved in your care. Review them together so everyone understands your wishes.
For your healthcare directives to be legally binding, there are specific requirements when creating a living will and power of attorney:
Consider consulting an estate attorney to ensure your documents comply with all legal formalities. Invalid documents may not be upheld by healthcare providers.
Once completed, keep the originals securely stored and provide copies to your healthcare agent, doctors, hospital, and any other relevant parties.
After finalizing your advance directives, you'll want to ensure they are safely stored yet accessible when needed. Here are some tips:
Keep the originals in a secure, fireproof location like a safe deposit box or home safe. Note the location in your other estate planning documents.
Provide copies to your designated healthcare agent, alternate agents, doctors, and anyone who may need access. Replace as needed if documents are updated.
Carry a copy or provide copies to keep with medical files at facilities where you receive care.
Consider secure digital storage options to allow 24/7 access by facilities during emergencies.
The key is making sure your healthcare team and loved ones can quickly retrieve your documents when they're needed to guide medical decisions. Proper storage prevents delays.
Healthcare needs and preferences can change over time, so it's wise to review your advance directives periodically. Changes in your health status, personal beliefs, or family situation may alter your decisions.
Plan to revisit your living will and healthcare power of attorney every few years or after any major life events. Revise the documents as needed to keep them current.
If you update your documents, provide new copies to all relevant parties, including your healthcare agent, doctors, hospitals, and anyone who previously received an old version.
Regularly confirming your healthcare agent is still willing and able to serve in that role is also advisable. Name a successor agent as a backup.
Keeping your healthcare planning documents updated ensures your most current wishes will be known and followed. It also prevents stress for loved ones.
Creating a living will and healthcare power of attorney are crucial steps in planning for your future healthcare needs. These documents work hand-in-hand to provide clear directives about your preferences while appointing a trusted person to advocate for you.
If you don't already have these legal documents in place, start by having open conversations with loved ones about your wishes. Then consult an estate planning attorney to draft valid documents that comply with your state's laws.
For additional guidance on advance care planning, explore resources from The Conversation Project or talk to your doctor or hospital's social worker. Getting your healthcare wishes formally documented now can provide invaluable peace of mind.