| Aspect | Living Will | Durable Power of Attorney for Health Care |
|---|---|---|
| Definition | Legal document that outlines an individual's preferences regarding medical treatment and end-of-life decisions. | Legal document that appoints a trusted person (health care proxy) to make medical decisions on behalf of the individual if they become incapacitated. |
| Decision-Making Authority | Provides specific instructions on the medical treatments an individual wishes to receive or avoid in certain situations. | Grants authority to the appointed agent (health care proxy) to make medical decisions on behalf of the individual, including treatment choices, when the individual is unable to do so. |
| Scope of Authority | Limited to decisions related to medical treatment, interventions, and end-of-life care as specified in the document. | Broader authority, allowing the designated agent to make decisions about medical care, treatment options, and other healthcare-related matters. |
| Activation Trigger | Typically becomes effective when the individual is unable to communicate or make decisions due to incapacity or terminal illness. | Becomes active when the individual is unable to make their own healthcare decisions, as determined by a healthcare professional. |
| Specificity of Instructions | May include specific preferences about life-sustaining treatments, organ donation, and other medical interventions. | Allows the individual to provide general guidelines or specific instructions for medical decisions, but the appointed agent has flexibility in making decisions based on the individual's best interests. |
| Flexibility in Decision Making | Offers less flexibility as it is based on the specific instructions provided in the document. | Provides more flexibility, allowing the appointed agent to adapt to changing circumstances and make decisions based on the individual's values and interests. |
| Appointment of Decision Maker | Does not appoint a specific decision maker; instead, it relies on the written instructions provided by the individual. | Involves the appointment of a trusted person (health care proxy) to act as the decision maker on behalf of the individual. |
| Revocability | Generally revocable, allowing the individual to update or change their preferences as long as they are mentally competent. | Revocable, enabling the individual to change or revoke the power of attorney as long as they are mentally competent. |
| Use in Emergency Situations | May not be as immediately effective in emergency situations, as healthcare providers may need time to review the document. | Can be quickly activated in emergency situations, allowing the appointed agent to make timely medical decisions when the individual is incapacitated. |
| Common Combination with Other Documents | Often used in combination with a durable power of attorney for health care to provide a comprehensive healthcare directive. | Can be used independently or in combination with other advance directives, such as a living will, to create a comprehensive healthcare plan. |
In summary, while both living wills and durable powers of attorney for health care are advance directives that address medical decision-making, the key difference lies in their approach. A living will provides specific instructions about medical treatments and end-of-life care, while a durable power of attorney for health care appoints a trusted person to make decisions based on the individual's values and best interests in a broader range of healthcare situations. Many individuals choose to use both documents together to create a comprehensive healthcare directive