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Living Will And Durable Power Of Attorney For Health Care. What
By James Wood, Fri Dec 9th

A Living Will is a legal document addressing only deathbedconsiderations; a client unilaterally declares his/her desirethat life-prolonging measures be discontinued when there is nohope of ultimate recovery.

On the other hand, people use a Durable Power of Attorney forHealth Care to appoint someone to make all healthcare decisions,limited by certain elections regarding deathbed issues.

The client must be at least 18 years old and mentally competentat the time he/she executes either document but incompetent toparticipate in the decision-making process when either isimplemented. It is important to remember that both documents areonly applicable if the client is incompetent.

Under the a Living Will, a client declares that if he/she iscertified to have an incurable, terminal injury/illness and/orto be permanently unconscious by two examining physicians(including the client's attending physician), that artificiallife-support systems be withheld or disconnected. The client mayalso elect to discontinue artificial nutrition and hydration(intravenous feeding) by so designating on the form. (Find moreinformation at: legalhelper.net/living-will.aspx)

Under the Health Care Power of Attorney, the client makes threeseparate and independent elections authorizing the agent:

1.To direct disconnection of artificial life-support systems inthe event of terminal illness;

2.To direct disconnection of artificial life-support systems inthe event of irreversible coma; and

3.To direct discontinuation of artificial nutrition andhydration.

In addition, the Health Care Power of Attorney form provides aspace for the client to set forth any specific medical,religious or other desires concerning his/her health care. Theclient may also use this section as a backup source for organdonation. (Find more information at:legalhelper.net/power-of-attorney.aspx)

Both documents are signed in front of two witnesses and a notarypublic or a justice of the peace who acknowledges the client'ssignature. The witnesses to a Living Will are sworn by thenotary public/justice of the peace and indicate that the clientis at least 18 years of age and signed the instrument as a freeand voluntary act.

The Living Will witnesses may not be the client's spouse,attending physician, heirs-at-law or person with claims againstthe client's estate. The Health Care Power of Attorney witnessesmay not be the designated agent, the client, spouse or heir orperson entitled to any portion of the client's estate upon deathunder Will, Trust or operation of law.

People are frequently confused as to why both a Living Will andHealth Care Power of Attorney are necessary or appropriate.

The Living Will is helpful as a backup document: In the eventthat the



client enters an irreversible coma and the health careagents designated in the Health Care Power of Attorney aredeceased or unloadable, the Living Will sets forth the desiresof the client concerning his/her death-bed treatment which maybe followed by attending physicians. The law provides that tothe extent that a Durable Power of Attorney conflicts with aLiving Will, the Health Care Power of Attorney controls.

Copies of both the Durable Power of Attorney for Health Care andthe Living Will are forwarded to the client's primary carephysician for inclusion in medical records.

Both documents are revocable through normal revocationprocedures.

About the author:James Wood is a free-lance writer on family issues; his maingoal is to help people during their complicated period of life,to find a right legal solution in regards to familyrelationship. Website: LegalHelper.net(http://www.legalhelper.net/power-of-attorney.aspx Email:wjames@legalhelper.net

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