Living Will and Medical POA
The Difference Between a Living Will and the Durable Healthcare Power of Attorney
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.
Who Should Have a Living Will and Medical Power of Attorney?
Every person who has reached the age of 18 should have a Medical Power of Attorney and Living Will.
How Do I Set up a 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.
Do I Need an Estate Planning Attorney to Draft a Living Will and Healthcare POA?
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.
What Should Be in a Health Care Power of Attorney and Living Will?
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:
- Appoint a person who can make health care decisions for you if you are ever unable to make them yourself;
- Give that person the power under HIPPA to review your medical records and to gather information from your medical team;
- Give your Surrogate guidance as to what your wishes are for medical care; and
- Give your Surrogate the power to agree with your physician to stop providing you medical attention if you are in a persistent vegetative state or a terminal condition.
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.
More FAQs About Living Wills and Medical Powers of Attorney:
Reasonable Prices | Years of Experience | We Make Living Wills and Estate Planning Easier.
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.
Estate Planning
- Overview
- Last Will and Testament
- Living Will and Medical POA
- Power of Attorney
- Sharia Estate Planning (Islamic Law)
- Funeral Directives
- Business Succession Plans
- IRA Trusts
- Estate Planning For LGBT Couples
- Important Documents for Life Events
- Estate and Inheritance Taxes
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
Free Consultation
Client Review
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick
Areas Served:
Philadelphia PA, Allentown PA, King of Prussia PA, Montgomery County PA, Bucks County PA, Doylestown PA, Jenkintown PA, Marlton NJ, Moorestown NJWhat Our clients are saying
Michelle Schamis
Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.
Stephanie Sesker
We were extremely pleased with the work done by Peter Klenk and members of the staff at Klenk Law. They were very thorough and did the work in a timely fashion. Peter's explanations of the legal system were very clear and helpful. I highly recommend this firm and Peter.
Gwen Hinrichs
I can't tell you how satisfied I am with this law firm. They were competent and helped me with a very difficult situation. They got the job done in a timely fashion and I am so happy I found them. If you find yourself in a difficult and contentious probate situation I highly recommend this firm. There is just no way I could have had this positive outcome without them. I worked with 2 different lawyers prior to hiring them and neither of them could get the job done like Klenk. Daniella Horn was a pleasure to work with and highly competent.
Bernadette Cucinotti
It's our first time doing business with Klenk Law and it was absolutely very positive. All interactions were timely and very professional. Peter and all of his staff put us at ease when making our estate plans and answered any questions thoroughly. We would highly recommend.
Wendy Charlap
We came to this firm based because of the online reviews we read and were not disappointed. Peter and the staff were a pleasure to work with - Peter was friendly, knowledgeable and patient with all our questions and the office staff were extremely responsive and efficient with all the scheduling and follow up needed to get us ready for the signing. We also like that all documents are housed in a portal that is easily accessible. Thank you to Peter and the team for helping us cross 'update estate planning documents' off our list.
Let us put our expertise to work for you.
Free consultation within 24 hours.
