Living Wills and Durable Power of Attorney for Healthcare

Most people do not understand the importance of thinking about their future healthcare and choices that come with it. However, this should not be the case. Life is full of surprises and oftentimes, unfavorable events. You will never really know if at one point, you have to make decisions regarding things about illness and medical treatment.

Also, ask yourself if there are any moral issues that bother you regarding artificial life support.  If there is, it is best addressed now rather than wait until you are seriously injured or terminally ill.  Only then you can see the importance of preparing in advance when it comes to healthcare options.

When it comes to legal documents that govern healthcare of a terminally ill person, advance directives play a major role.

Advance directives are written documents that provide directions to family members and healthcare professionals regarding the type of medical treatment you want or don’t want to receive. This is, of course, made before a serious illness or injury occurs. Advance healthcare directives are available either as a living will or a medical durable power of attorney, or both. The premise of making an advance directive is to ensure that one is still in control of how they want to be taken cared of, in the event that they cannot make healthcare decisions for themselves due to a fatal or vegetative condition.

Among the forms of advance directive, the living will is the most popular. It is a legal document that indicates whether or not you want to be continually sustained by artificial life support when you are already incapable of expressing your decision. A lawyer is usually the one who draws up a living form.

There are some requirements that need to be fulfilled when drawing up a living will. These are the following:

• • Minimum age is 19 years old, or currently married, or have been married
  • There must be witnesses to your living—a notary public or two adults who are not related to you. Employees of your healthcare insurance cannot be a witness and only one health care professional involved in your treatment can be regarded as a witness.
  • The living will must be in written form and must be signed either by you or someone whom you direct at your presence.

Another form of advance healthcare directive is a medical durable power of attorney. This does not typically address to specific issues regarding your healthcare. However, it allows you to choose a person whom you would like to make decisions for you in the event that you can’t do so yourself. This person that you appoint is referred to as your ‘attorney-in-fact,’ and has to decide healthcare treatment for you or its termination. His or her actions shall depend on specific instructions you have written on the durable power of attorney.

Both of these documents are equally significant and thus, your decision whether to have just one or both will ultimately depend on your needs. It is best to consult with your trusted attorney in order to gain more knowledge about these documents. This way, you will know what is most beneficial to you.