Both living wills and powers of attorney can be used when creating an estate plan. Often, these are both set up to address future medical decisions.
Though similar in focus, these documents both approach the issue much differently. With a living will, the goal is typically to make decisions in advance. For instance, if you suffer a stroke and are being kept on life support, do you want that medical assistance to continue, or would you prefer not to be kept on life support at all?
If you have a preference one way or the other, you can list that instruction in your living will. This is a legally binding document as part of your estate plan, so it provides guidance not only to the medical team that is treating you, but also to your family members. It lets them know what type of care you would have preferred.
A power of attorney
With a power of attorney, the focus is on choosing an agent. If you are incapacitated, such as if you have a stroke and cannot communicate your wishes to your doctors, then the agent gains the ability to make medical decisions on your behalf.
This does not necessarily mean that you have given that agent specific instructions. Instead, you simply trust them to consider the realities of the situation, talk to your medical team, speak with your family and make appropriate decisions that are in your best interests.
Both of these documents can certainly be helpful, and it is important to consider your medical future when creating an estate plan. Take the time to carefully consider all of the legal options at your disposal.
