Learn to Make Medical Decisions in Advance
Two legal documents let you specify in advance the medical treatment you will want to receive if an illness or disability prevents you from making your own decisions. A living will identifies the medical treatment you wish to receive when you are facing death. A durable Medical Power of Attorney appoints a person to make medical decisions for you.
What You Should Know
Living Wills
The living will is very different from your regular will. It does not involve transferring your property to loved ones. Instead, it identifies the medical procedures you do or do not want to receive during your final illness. A living will can tell your doctor whether you want to receive life-sustaining treatment if you have a terminal illness or are in a persistent vegetative state.
State law varies on the signing requirement for a living will. Usually you sign and date your living will before two witnesses.
Durable Medical Power of Attorney
A durable Medical Power of Attorney is different from and more flexible than a living will:
- Choosing an agent. When you establish a durable Medical Power of Attorney, you choose the person whom you want to make medical decisions on your behalf if you cannot make your own decisions. This allows your agent to participate in medical discussions and weigh the pros and cons of treatment decisions. The agent then can make an informed decision in accordance with your wishes.
- Giving specific instructions. A durable Medical Power of Attorney lets you give specific instructions about any treatment that you want done or want to avoid. You can include whatever issues you care about most.
- Combining documents. Most states now combine the living will and medical power of attorney into one document. In one section of the document you state your wishes about a wide range of medical decisions, including end-of-life treatment. In another section you appoint your agent.
For More Information
Healthcare Directives
The article "Healthcare Directives FAQ," published by Nolo Press, presents information about Medical Powers of Attorney.
URL: http://www.nolo.com/lawcenter/ency/index.cfm
AARP Legal Services Network
AARP members in a growing number of communities can get a medical power of attorney for $35 from a Legal Services Network attorney. To find an LSN attorney in your area, visit the LSN area of AARP.org and click on "Finding a Lawyer."
URL: http://www.aarp.org/lsn
