A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery. On
other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.
The client must be at least 18 years old and mentally competent at time he/she executes either document but incompetent to participate in decision-making process when either is implemented. It is important to remember that both documents are only applicable if client is incompetent.
Under a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including client's attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on form. (Find more information at: legalhelper.net/living-will.aspx)
Under Health Care Power of Attorney, client makes three separate and independent elections authorizing agent:
1.To direct disconnection of artificial life-support systems in event of terminal illness;
2.To direct disconnection of artificial life-support systems in event of irreversible coma; and
3.To direct discontinuation of artificial nutrition and hydration.
In addition, Health Care Power of Attorney form provides a space for client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation. (Find more information at: legalhelper.net/power-of-attorney.aspx)
