An advance directive, living will, and medical power of attorney are legal documents used in healthcare planning, but they serve distinct purposes.

An advance directive is a complex document that includes various documents guiding medical decisions when an individual is incapacitated. A living will explicitly details individual preferences for end-of-life care, while a medical power of attorney grants someone the authority to make medical decisions on the principal's behalf.

Now, we'll explore all relevant aspects of the "advance directive vs. living will vs. power of attorney" conundrum—from the definition of a living will to questions like whether a living will needs to be notarized. So, let's begin!

What is an Advance Directive?

An advance directive is a legal document that contains an individual's (principal’s) healthcare preferences and medical instructions regarding treatments they wish or do not wish to receive. This document is used when the principal is unable to communicate their preferences personally due to physical or mental illness or some other terminal disease.

Using an advance directive, the principal designates a healthcare proxy who will make decisions on their behalf. The healthcare proxy is usually a trusted person who agrees to follow the principal's instructions.

From an advance directive definition, it is clear that this document is complex— it includes a medical power of attorney, a living will, and healthcare directives. Each of these documents has a part in the advance directive.

For instance, an advance directive acts as a durable medical POA when it authorizes an agent to make medical decisions on behalf of the principal when they are incapacitated. It also serves as a living will when it clearly states the person's preferences for medical treatment in case of illness.

Additionally, an advance directive includes healthcare directives, such as the principal's decisions to receive or refuse life-saving treatment (Do-not-resuscitate order).

Due to the complexity and importance of this document, state laws generally require the principal to sign it in the presence of two or more witnesses and/or a notary public. Therefore, it is essential to check these requirements before making an advance directive because the document will not be valid if these conditions are not met.

If the document is invalid or an advance directive is not used, medical personnel or a court-appointed legal guardian will make decisions that may not align with the principal's values and wishes.

What is a Living Will?

A living will is a written legal document that expresses an individual's preferences regarding medical care and treatments if they become incapacitated and unable to make decisions for themselves.

Its primary purpose is to ensure these preferences are respected when the person can no longer communicate them. Essentially, a living will serve as instructions for healthcare providers and loved ones, guiding them on which medical interventions to pursue based on the individual's stated wishes.

Any mentally competent adult can create a living will to specify the healthcare choices and treatments they desire or prefer in various medical incapacity situations. These detailed instructions ensure that their preferences regarding specific medical care or treatment—decisions to receive or decline them—are known and respected.

Typically, a living will is created before any medical crisis occurs while the individual can still make informed decisions. These preferences cover the types of treatment one wishes to receive or avoid, life-sustaining measures, and other medical interventions based on personal beliefs and values.

Authority for a living will typically empower trusted family members or healthcare providers to carry out documented wishes regarding medical care. By doing so, a living will relieves loved ones of the burden of making difficult decisions about medical treatments during a crisis, offering clear guidance on the preferred course of action according to the individual's expressed desires.

What is a Medical Power of Attorney?

A medical power of attorney is a legal document through which an individual, called the principal, grants the power to another individual, known as the agent or attorney-in-fact, to make medical decisions on their behalf when the principal cannot do so.

This document, also known as a health care power of attorney, is used in situations when the principal is severely ill, in a coma, intubated, or otherwise incapacitated, and unable to decide on the medical treatment they wish to receive. Therefore, the principal issues this type of power of attorney in advance and authorizes the agent to decide for them.

The agent can be any person over 18 and of sound mind, typically someone the principal trusts, such as a family member, friend, or house doctor. In addition to this legal requirement, the healthcare agent must also meet the following criteria:

• Knows the principal well and understands their values and wishes

• Has no conflict of interest with the principal

• Acts in the principal's best interest

Given the sensitive nature of the medical situation a patient may find themselves in and the need for quick decisions, the principal should name a substitute agent. This ensures that if the initial agent is unable to make a decision for any reason, the substitute can step in and act according to the principal's preference.

If you are not sure who can be an agent or decide not to create and issue a medical POA, you may still use a living will or allow medical staff to make the decision they consider optimal. However, you should keep in mind that that decision might not be the one you would prefer.

So, don't hesitate to use medical POA and ensure that a trustworthy agent will make the best decision according to your wishes.

Advance Directive vs. Living Will vs. Power of Attorney

As discussed, each of these legal documents serves a distinct role in defining your healthcare preferences, appointing someone to act on your behalf, or providing direct instructions for medical care preferences.

To further clarify their differences, we will examine the ‘’power of attorney vs. advance directive vs. living will’’ differences through a detailed comparison across various aspects using a table format.

This comparison will help highlight how each document varies in scope and purpose within healthcare planning.

To completely understand these healthcare planning legal tools, we will analyze the advantages and disadvantages of advance directives, living wills, and powers of attorney in a structured table format below.

How to Choose Which Document is Right for You

Choosing between these documents depends on the specific situations you might face.

If you want a comprehensive document that covers all aspects of your future healthcare decisions, then an advance directive is the right fit. This complex document is ideal if you want to combine the instruction of a living will with the flexibility of a medical POA.

You will have peace of mind and know that all of your wishes will be clearly outlined and respected by everyone.

A living will is useful only when you are sure which medical treatments you do or do not want, especially in end-of-life situations. There is no healthcare proxy—only your preferences about life-sustaining treatments directly communicated to the doctors.

A medical power of attorney is crucial when you need trustworthy individuals able to decide on healthcare decisions on your behalf when you are not capable of doing so. This document ensures you have an appointed agent who can make real-time decisions based on your current medical condition and preferences.

Drafting these documents doesn’t have to be difficult or time-consuming. Contracts.net offers an advanced document builder that streamlines the entire process. With our step-by-step guide, you can efficiently create valid and respected advance directives, living wills, and powers of attorney, ensuring your wishes are clearly outlined and legally sound.

Final Thoughts

If you have specific healthcare preferences and beliefs that you want to be respected when you cannot communicate them, solving the ‘’advance directive vs living will vs  power of attorney’’ dilemma is crucial—it ensures your wishes are honored.

Whether you prefer outlining your healthcare preferences in a living will without designating a trusted person, appointing an agent through a medical power of attorney to make medical decisions on your behalf, or opting for an advance directive that includes both options, it's essential to clearly state your beliefs and preferences.

This clarity ensures your wishes are honored even when you are unable to communicate, providing your loved ones with guidance in critical medical situations through these legal documents.