An estate plan can be used to set up future medical care, often by making decisions in advance. As people age, medical emergencies become more likely. It can be helpful for their family to have guidance in the estate plan regarding the type of care or treatment that person would have wanted.
For those who simply want to list specific decisions they have already made, a living will is one of the more common ways to do this. For example, a person may know that they do not want to be kept on life support under any circumstances. Their living will can give those instructions to doctors so that their family does not have to decide whether life support should be used. That choice has already been made.
How a power of attorney is different
A power of attorney, on the other hand, focuses on choosing an agent to make decisions. There is no requirement to make the decisions ahead of time. Instead, the power of attorney identifies the agent and typically states that they are the one in charge of making medical decisions if the individual becomes incapacitated and cannot do so on their own.
The big advantage of using a power of attorney is that no one has to predict what the future will look like or what type of care they would or would not want.
Someone may not be sure whether they want to be put on life support, for example, knowing that it could depend on the nature of the medical emergency, the diagnosis made by the medical team and their prognosis for a successful recovery. By selecting an agent to make these decisions for them, this streamlines the process for their family, while still giving the agent flexibility to speak with doctors and determine the best possible choice at that time.
Both a power of attorney and a living will can be an important part of an estate plan. If you are setting up your plan this year, be sure you understand all of your legal options.