Family Health Legal Library

Durable Power of Attorney For Healthcare

More Than End-of-Life Decisions

The typical distinction between a Living Will and a Durable Power of Attorney For Healthcare is that a Living Will usually deals only with medical decisions related to "end of life" situations. Durable Powers of Attorney For Healthcare can be drafted to enable you to appoint an agent for a number of different medical situations which may arise not necessarily related to "end of life" situations. Usually Durable Powers of Attorney For Healthcare give authority for the designated agent to act in a variety of situations where you may be incapacitated or unable to decide for yourself.

Many attorneys recommend that you combine the Durable Power of Attorney For Healthcare into a Living Will. Perhaps a better recommendation might be to simply draft two separate documents, leaving each to its stated purpose. However, if you draft both, be sure of at least two things: (1) that all of your wishes are stated in the same terms if they are the same for each document; and (2) that you consider designating the same person to be your agent for each. Although this second item is not a requirement, it is a good idea from an administrative standpoint, in the event these documents ever had to be utilized. The primary benefit to having the same agent is that there would not be two different interpretations of your wishes.

Durable Power of Attorney For Healthcare
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