Answers to questions about Living Wills
Q & A series #32
What is a Living Will?
A Living Will is a document which allows you to state your wish to have death-delaying procedures withheld or withdrawn in the event of an incurable or irreversible injury/illness or terminal condition and you are unable to make health care decisions.
What is the difference between a "Living Will" and an "ordinary" will?
An "ordinary" will is a written declaration made by you which directs such a person as you appoint to dispose of your property upon you death as you see fit. The "Living Will" directs that if you are terminally ill and unable to give directions, procedures which would only prolong the dying process be withheld or withdrawn so that you may be permitted to die naturally with only the administration of medication, sustenance or other procedures to provide comfort.
What is a Durable Power of Attorney for Health Care?
A Durable Power of Attorney for Health Care ("Power of Attorney") is a legal document which allows you, as an individual, to appoint another person (your "agent") to make health care decisions for you. The Power of Attorney becomes effective at that point in time which you state in the document. In some states, the appointment of an agent to make health care decisions may be made in a Living Will.
What is the difference between a Power of Attorney and a Living Will?
The main difference is that a Power of Attorney allows you to appoint someone to make health care decisions for you whether or not you have a terminal illness or are incompetent. A Living Will is a declaration of your wishes regarding death-delaying treatment if you should become terminally ill and are unable to make decisions for yourself.
Do I have to fill out a Living Will or Power of Attorney to receive care or as part of my membership in the health plan?
No. The signing of a Living Will or Power of Attorney is a completely voluntary act. In fact, no health maintenance organization (HMO) or insurer can force you to sign an advance directive as a condition of receiving benefits under any health plan or insurance contract.
Do I need an attorney to fill out a Living Will or Power of Attorney?
This is a personal decision. We cannot advise you as to the appropriateness of hiring an attorney to fill out a Living Will or Power of Attorney.
What do I need to fill out a Living Will or a Power of Attorney?
Basically, all that is needed is a copy of the form authorized by state law or a document which is consistent with the statute. The use of a statutorily authorized form is recommended to avoid questions related to the appropriateness of the form.
Whom may I appoint to be my Agent under a Power of Attorney?
This is a personal decision and should be considered very carefully.   With certain exceptions, law permits you to appoint anyone of your choosing, with the exception of any person who is providing you health care.
What authority does my agent have to act on my behalf?
Your agent will only have that authority which you specifically designate to her or him in the Power of Attorney document. The powers which may be granted to your agent are spelled out in the Power of Attorney document and should be considered carefully.
Once I execute a Living Will or Power of Attorney, can I change it?
Yes. A Living Will or Power of Attorney can be changed or revoked at any time. You should destroy the current document and execute a new document which details your new directions.
Whom should I notify that I have a Living Will or Power of Attorney?
You should notify your physician of the existence of a Living Will or Power of Attorney and have her or him place a copy of it in your medical record. You may also wish to inform members of your family or any close friends of its existence so they will know your wishes should the need arise. If you have appointed an agent under Power of Attorney, you should notify that person (or persons) and you may wish to have them sign the Power of Attorney.
You may obtain the advance directive forms described in this brochure by contacting your attorney, local medical society or hospital association.
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