Healthcare Power of Attorney vs. a Living Will

By Payton Hostens
When you think about estate planning, you probably think of documents that set forth your wishes after you pass away.

But there are also documents that you can include in your estate plan that express your wishes while you are still alive but unable to make decisions for yourself.

Two such documents are the Health Care Power of Attorney and the Living Will.What’s the difference between a Health Care Power of Attorney and a Living Will?

A Health Care Power of Attorney allows you to appoint someone to make medical decisions on your behalf if you become unable to make those decisions yourself. This can help ensure your wishes regarding medical treatment are carried out. Additionally, choosing one person to be in charge of those decisions can help prevent disputes among family members.

A Living Will expresses your wishes regarding end-of-life medical treatment if you are incapacitated and unable to communicate your wishes. The Living Will states your preferences regarding life-sustaining interventions, resuscitation, organ donation, and other end-of-life matters. The Living Will instructs your family members (and the person you appoint in your Health Care Power of Attorney) of your desires for end-of-life care and relieves the burden on such persons when making difficult decisions regarding your end-of-life care.

Do you need both a Health Care Power of Attorney and a Living Will?

The decision to execute a Health Care Power of Attorney, a Living Will, or both, is personal, but both documents should be considered when making your estate plan. Keep in mind that both a Health Care Power of Attorney and a Living Will can be revoked or updated if your wishes change over time.

If you have questions regarding a Health Care Power of Attorney, a Living Will, or estate planning in general, reach out to Payton Hostens at (402) 392-1250 or [email protected].