Both Living Wills and Durable Healthcare Powers of Attorney address decisions regarding your healthcare. The Living Will states your specific wishes with regards to removing medical care if your doctor believes there is no chance for your recovery. A Durable Healthcare Power of Attorney (sometimes called a Health Care Proxy) compliments the Living Will. The Durable Healthcare Power of Attorney gives someone else the power to make all health care decisions, including carrying out the wishes you have addressed in your Living Will when you are not able to make those decisions.
Every person who has reached the age of 18 should have a Medical Power of Attorney and Living Will.
A Living Will requires lots of thought. Selecting the wrong person as Surrogate can mean your wishes are not respected, and conflicts can arise within the family. An experienced Estate Planning Attorney will brainstorm with you about your decisions.
It is not a legal requirement that an attorney draft the Living Will, but it is typically part of “The Big Three” documents, which includes a Living Will/Medical Care Proxy. The three documents are essential, and it is wise to have an experienced Estate Planning Lawyer draft these documents. These are technical documents used during stressful times; you want to avoid time-consuming questions and expensive disputes.
Your health care is your business, and you have the right to make your health care decisions as long as you are capable. In today’s world of modern medicine, you may quickly need medical decisions long after you are no longer competent and capable of communicating with your health care provider. These situations can arise suddenly, the result of an accident or unexpected illness, leaving decisions such as what doctor should care for you, what treatment protocol to follow, and refusing medical care up to someone else. These can be tough decisions, and it is important to you that the person making them represents your wishes, and it is vital to the person on whose shoulders you place this burden to know what actions you want them to take. By completing a Health Care Power of Attorney and Living Will, you can voice your wishes, select the person who will speak for you, but also give that person guidance to make these challenging and personal decisions. A properly drafted Health Care Power of Attorney and Living Will should:
Also, you may choose to address other issues, such as designating your Surrogate to have the power to donate your organs. Not every person is able or willing to serve as a medical proxy. Further, the decisions made might mean turning off your life support, so communication to your Medical Agent about your wishes and ideas on life support is a vital step in your estate plan. Without your guidance, there could be disagreements among your family and friends as to who should be making decisions and what you wished.
Typically, you will have both. Many states combine the two documents into one. The Living Will is focused on deathbed concerns, while the Power of Attorney allows your Surrogate to address a multitude of medical issues if you are unable to act.
This person might not be the same individual you select to handle your financial affairs or serve as your executor. Some people are excellent with numbers but terrible in the hospital. Further, this person should make the decision you would make, not the decision that they think is right. This person might also have to negotiate complex family relationships. Be realistic about your candidates’ strengths and weaknesses.
No. If your spouse is unable to act under pressure or will not respect your wishes, consider someone else.
Yes. This decision may arise at 3:00 a.m. Your Agent should have a copy so they can prove to your acting doctor that they have the authority to act on your behalf.
A Living Will is often included in a Medical Power of Attorney. The Living Will states your specific wishes with regards to removing medical care if your doctor believes there is no chance for your recovery. This is sometimes referred to as an Advanced Medical Directive or Advanced Healthcare Directive. This is complemented with the Durable Healthcare Power of Attorney, which gives someone else the power to make any health care decisions, including carrying out the wishes you have addressed in your Living Will if you are not able to make those decisions.
A Health Care Proxy is another word for Medical Power of Attorney. A Health Care Proxy/Durable Healthcare Power of Attorney gives someone else the power to make any and all health care decisions, including carrying out the wishes you have addressed in your Living Will if you are not able to make those decisions.
An Advanced Healthcare Directive is another name for a Living Will. The Advanced Healthcare Directive/Living Will states your specific wishes with regards to removing medical care if your doctor believes there is no chance for your recovery. Living Wills are typically complemented with the Durable Healthcare Power of Attorney (sometimes called a Health Care Proxy). These documents give someone else the power to make any health care decisions, including carrying out the wishes you have addressed in your Living Will if you are not able to make those decisions.
A DNR or Do-Not-Resuscitate Order is authorized either by the patient or the patient’s Surrogate through a Living Will and Medical Power of Attorney. The DNR is the doctor’s order to the staff instructing them not to use heroic measures, such as CPR or respirator if the patient stops breathing.
A patient can authorize a DNR without a Living Will. The DNR is a medical order refusing the use of medical equipment or CPR should the patient stop breathing or the patient’s heart stops beating. The Living Will or Health Care Proxy is the patient’s written instructions regarding medical care.
HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. This legislation addressed patient data privacy. Typically, HIPPA Authorizations are included in a Living Will or Medical Power of Attorney, allowing the Surrogate or Medical Agent access to private medical data.
If you have any questions about Living Wills or the Durable Power of Attorney and any other estate planning topics, please contact our office to schedule a free consultation. For more than two decades, Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain sophisticated estate planning techniques clearly and concisely. We make it easy for you to understand Living Wills and Estate Planning so you can make the best decisions for yourself and your family.
Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.
Peter came highly recommended by a close friend to do our estate planning. We have been putting off for years. He is knowledgeable, professional and easy to work with.
Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!
I've worked with and known Peter Klenk and his associates for years. They are highly professional, diligent and truly experts in their field. By focusing on just wills, trusts, and estates, Klenk law has experienced every angle of estate planning and applied that knowledge to help prepare our clients with thorough and comprehensive documents.
Peter and his staff handled all of our needs in a very professional and timely matter.