Also referred to as an advance directive, this document stipulates your desired medical treatment preferences and appoints a trusted individual (“agent”) to serve as your surrogate decision-maker in the event you cannot make medical decisions on your own behalf.
Advance directives generally fall into two main categories: living will and health care power of attorney. The living will is a written document that specifies your desired medical treatment should you become incapacitated, especially if the condition is terminal. It often stipulates that the medical professionals should not perform life-sustaining procedures if your condition is bleak.
A health care power of attorney is often more appropriate than a living will because its authority is much broader in scope. This document designates another person as fiduciary agent to make health care decisions on your behalf and serves as a power of attorney for health care. The agent has the authority to deal with any medical situation that may arise, not just end-of-life situations, and the agent can handle medical circumstances not foreseen in a living will. A health-care power gives a next of kin or other family member additional authority to make decisions. The power is activated when the attending physician determines that the patient lacks the capacity to make decisions on his/her own.
A well-developed health care power of attorney is important component of your overall estate plan. Consult an attorney expert in estate planning matters to devise your healthcare power document.
