What is the relationship between a Living Will and a Power of Attorney?
A Living Will reflects a person’s own wishes as to the termination of medical procedures when they are diagnosed as terminally ill or in an irreversible coma. A living will and a health care power of attorney are termed “advance health care directives” because we make them in advance of incapacity. If a person becomes unable to understand or unable to communicate with his or her doctors, the person’s Living Will is a legally enforceable method making sure his or her wishes are still honored. Whether or not a person has a Living Will, the person’s Attorney-in-Fact may make health care decisions if the Power of Attorney specifically gives this right and some very exact requirements relating to the manner of execution of the Power of Attorney are followed. For this and other reasons, the Principal should execute a separate advance directive called a “Durable Power of Attorney for Health Care.” 6.
