Both a power of attorney and a living will are legal documents used for planning ahead, but they serve different purposes:
Power of Attorney:
- Grants Authority: A power of attorney grants legal authority to another person, called your agent or attorney-in-fact, to make decisions on your behalf.
- Scope of Authority: You can create a general power of attorney for broad decision-making across various aspects of your life, or a specific power of attorney for limited purposes like managing finances or healthcare decisions.
- Active While Competent: A power of attorney is only valid while you are mentally competent and able to make your own decisions. Once you become incapacitated, the power of attorney takes effect, allowing your agent to act according to your wishes.
Living Will:
- End-of-Life Wishes: A living will, also known as a healthcare directive, specifies your preferences for medical treatment in the event you are terminally ill or incapacitated and unable to communicate your wishes.
- Focus on Medical Care: A living will typically focuses on decisions related to life-sustaining treatments such as artificial respiration or CPR.
- Active When Incapacitated: A living will comes into effect when you are no longer able to communicate your wishes due to illness or injury.
Here’s a table summarizing the key differences:
| Feature | Power of Attorney | Living Will |
|---|---|---|
| Purpose | Grants decision-making authority to another person | Specifies end-of-life medical treatment preferences |
| Scope of Authority | Broad or specific depending on the document | Focuses on medical care decisions |
| Active When | While you are competent | When you are incapacitated and unable to communicate wishes |
In essence:
- A power of attorney appoints someone you trust to make decisions for you when you can’t.
- A living will communicates your wishes for medical care at the end of your life.
Here are some additional points to consider for the difference between a power of attorney and a living will:
Power of Attorney:
- Types of Power of Attorney: There are different types of powers of attorney, each with varying scopes. These can include:
- Durable Power of Attorney: This remains valid even if you become incapacitated.
- Springing Power of Attorney: This only takes effect when a specific event occurs, such as becoming mentally incompetent.
- Special Power of Attorney: This grants authority for a specific task or purpose, like selling a property.
- Importance of Choosing the Right Agent: Selecting a trustworthy and responsible person as your agent is crucial, as they will be making important decisions on your behalf.
Living Will:
- Level of Specificity: Living wills can be more or less specific depending on your wishes. You can outline general preferences for the use of life support or provide detailed instructions for specific scenarios.
- State Variations: Living will laws can vary by state. In some states, a living will may also include the ability to appoint a healthcare proxy to make medical decisions on your behalf.
Considering Both Documents:
- Complementary Tools: A power of attorney and a living will work together to ensure your wishes are respected in different situations. The power of attorney addresses a broader range of decisions throughout your life, while the living will focuses specifically on end-of-life medical care.
- Consulting an Attorney: An attorney specializing in estate planning can help you draft a power of attorney and living will that meet your specific needs and comply with your state’s laws.