What are the differences between a Living Will and a Medical Power of Attorney?

I’m often asked in my Estate practice, “What is the difference between a Living Will and a Medical Power of Attorney?”

Here is a brief answer that might clear up some confusions-

A Living Will

• Only takes effect when all medical procedures have been performed by physicians and you are only kept alive by life support.  Simply, if the machines are turned off, you will pass away.
• By having a Living Will, you take the decision out of your family or friends’ hands by making your decision in a legal document.
• The classic example is the Terry Schiavo case.  Her parents believed her wishes were to be kept alive while her husband believed her wishes were to not be kept alive artificially.  Since she had no Living Will, a long strenuous court battle ensued over several years.  There are no winners in that situation.

Medical Power of Attorney

• A Medical Power of Attorney gives you the authority to designate someone to make decisions on your behalf if you ever become incapacitated and are unable to make decisions on your own.
• If you ever become incapacitated, the person you have designated will be able to choose which medical procedures to perform, if there is a decision to be made regarding medical care.
• The person you designate will only be able to make these decisions while a doctor has deemed you to be in an incapacitated state.   That is, they have no power to make decisions unless a doctor has determined you are unable to make those decisions.

This is a brief summary of the differences between a Living Will and a Medical Power of Attorney.  If you would like more information about this topic, you may contact us to discuss your situation.

The Estate Division of the Gordon Law Group

Michael McNulty, Estate Attorney for the Gordon Law Group