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Both documents are signed in front of two witnesses and a notary public or a justice of peace who acknowledges client's signature. The witnesses to a Living Will are sworn by notary public/justice of peace and indicate that client is at least 18 years of age and signed instrument as a free and voluntary act.
The Living Will witnesses may not be client's spouse, attending physician, heirs-at-law or person with claims against client's estate. The Health Care Power of Attorney witnesses may not be designated agent, client, spouse or heir or person entitled to any portion of client's estate upon death under Will, Trust or operation of law.
People are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate.
The Living Will is helpful as a backup document: In event that client enters an irreversible coma and health care agents designated in Health Care Power of Attorney are deceased or unloadable, Living Will sets forth desires of client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to extent that a Durable Power of Attorney conflicts with a Living Will, Health Care Power of Attorney controls.
Copies of both Durable Power of Attorney for Health Care and Living Will are forwarded to client's primary care physician for inclusion in medical records.
Both documents are revocable through normal revocation procedures.
James Wood is a free-lance writer on family issues; his main goal is to help people during their complicated period of life, to find a right legal solution in regards to family relationship. Website: LegalHelper.net (http://www.legalhelper.net/power-of-attorney.aspx Email: wjames@legalhelper.net