How Do Living Wills Differ from Medical Powers of Attorney?
When people consider planning for the end of life or a time when they might be unable to make their own healthcare decisions, they often think about two documents: a living will and a medical power of attorney. Sanders & Sanders, Attorneys at Law provides support to those drafting these essential documents in Upper Marlboro, Maryland.
While these legal instruments are both designed to address healthcare preferences, they differ in terms of purpose, scope, and how they function during a medical crisis. Understanding these differences is critical for anyone who wants to make sure their wishes are respected when they’re no longer able to communicate them personally.
Defining Living Wills and Medical Powers of Attorney
A living will and a medical power of attorney both play key roles in end-of-life care, but they serve different functions.
At a basic level, a living will is a document that specifies a person’s wishes regarding medical treatment in certain situations, particularly when they’re terminally ill or in a state of irreversible unconsciousness. It can provide instructions on whether to use life-sustaining measures like mechanical ventilation or feeding tubes.
On the other hand, a medical power of attorney appoints someone—a trusted individual—to make healthcare decisions on behalf of another person if they’re unable to make those decisions themselves. This is often a spouse, child, or close friend who is legally authorized to act as a healthcare agent.
Key Differences in Purpose
The primary distinction between these two documents lies in their purpose. A living will is about outlining a person’s specific healthcare preferences ahead of time. It doesn’t require a decision-maker to interpret the individual’s wishes because the individual has already provided clear instructions on what they want. It serves as a directive to medical professionals.
A medical power of attorney, by contrast, involves appointing a person to make decisions based on the individual's values and wishes when the individual can’t communicate them directly. This document doesn’t focus on instructions for care but instead grants decision-making power to someone who can evaluate the situation and make the best possible choice in real time.
While a living will lays out detailed preferences, a medical power of attorney grants authority to someone else to act according to their judgment and understanding of the individual’s desires. Their differences also come down to telling someone what to do, versus trusting someone to make decisions on your behalf.
Specific Instructions vs. Decision-Making Authority
A living will is typically more specific. It can outline whether or not a person wishes to undergo certain types of treatment or interventions under certain conditions, such as:
Whether they want CPR or resuscitation attempts if their heart stops beating.
If they want to be kept alive on a ventilator or other life-support systems.
Their preferences around organ donation.
These instructions are clear and are meant to guide healthcare providers and loved ones when the person can’t voice their preferences. The intent behind a living will is to reduce uncertainty when the individual is incapacitated and to avoid prolonged suffering or unwanted medical procedures.
On the other hand, a medical power of attorney grants the chosen individual (often called the healthcare proxy) the discretion to make a wide range of decisions on behalf of the incapacitated person.
This may involve decisions not explicitly outlined in a living will. The agent could be asked to make decisions about treatment options, surgical procedures, or end-of-life care when specific instructions aren't available.
The key difference lies in the authority: a living will is very much about specific, pre-established choices, while a medical power of attorney involves decision-making that can adapt to new or unforeseen situations. Each document, however, is regulated by guidelines set forth by the state in which it’s drafted.
Legal Requirements and State Variations
Both living wills and medical powers of attorney are legal documents that must meet specific requirements to be valid. These requirements can vary by state, so individuals must take care to adhere to the laws governing these documents in their jurisdiction.
In some states, the same document can combine both a living will and a medical power of attorney, while in others, separate forms are required. Living wills may need to be notarized or witnessed by one or more individuals who aren’t beneficiaries under the will.
These safeguards are put in place to prevent fraudulent behavior and to make sure the document is signed voluntarily. Similarly, the person appointed as a medical power of attorney may have to meet certain qualifications.
For example, the individual might need to be over a certain age or not be a relative who stands to benefit financially from the person’s death. Given that these documents can vary in format and content depending on the state, it’s wise for people to seek legal advice to make sure their documents are valid.
If the documents are improperly prepared, there could be complications during a time of need, potentially resulting in costly probate proceedings or disputes between family members.
How These Documents Impact Healthcare Decisions
Both the living will and medical power of attorney are intended to guide healthcare providers, but their roles differ. The living will provides clear directives that healthcare providers must follow, assuming they fall within the scope of the person’s wishes.
However, there are limitations to how useful a living will can be in difficult or unexpected situations. For example, if a medical issue arises that wasn’t anticipated by the living will’s directives, healthcare providers may be left with unanswered questions about how to proceed.
In contrast, a medical power of attorney gives flexibility. The appointed agent can engage with medical professionals, interpret the patient's condition, and make decisions based on their understanding of the individual’s values, even when the situation doesn’t match any specific instructions in a living will.
The healthcare proxy, as the agent, can offer insight into the person’s preferences, which can be especially important when decisions must be made in high-pressure or unclear circumstances.
Because of this flexibility, the medical power of attorney can be vital in situations where there’s no clear directive in a living will. The agent can make the call when the situation is ambiguous, helping to avoid lengthy probate processes if family members disagree about the appropriate course of action.
The Effect on Probate
When someone dies, their estate may go through probate, a legal process that involves validating their will and distributing their assets. If someone has both a living will and a medical power of attorney in place, these documents can help avoid disputes among family members, which might otherwise lead to a contentious probate process.
For instance, if a person has clearly documented their healthcare preferences in a living will, there may be fewer disagreements among family members regarding end-of-life decisions, reducing the likelihood of a drawn-out probate battle.
However, without proper documentation, disagreements about the treatment of an incapacitated person can lead to delays, emotional strain, and even litigation, which might involve probate courts. In this way, both documents can help avoid these kinds of conflicts and expedite the decision-making process, sparing families the burden of a legal dispute.
Contact Us Today
Careful planning is essential to making sure these documents fulfill their purpose when they’re most needed. If you’re ready to work with an experienced estate planning attorney, our firm services Upper Marlboro, Maryland, as well as Clinton, Bowie, Fort Washington, Largo, and the Washington D.C. area. Call Sanders & Sanders, Attorneys at Law today.