As you work on your estate plan, you decide that you want to address future medical decisions. You know that there is always a chance you could become incapacitated. You could be injured in a car accident or have a stroke, for instance. You never know what the future holds, so planning in advance is important.
Two ways to do this are with a living will and a medical power of attorney. Which one should you use?
A living will
To start with, consider how a living will works. You can use it to make your medical decisions today.
Maybe you know that you never want to be kept on life-support. You can put this into the advance directive, which your medical team will then reference if you become incapacitated. If you have any clear medical opinions, you may not technically have to make these decisions yet, but you can use the living will to make sure your medical team – and your family – understand your wishes
A power of attorney
On the other hand, you could use a power of attorney. This document doesn’t make your decisions in advance. Instead, you choose a person who will act as your medical agent. If the doctors and nurses have questions about what treatments you would want or if there is anything that they should avoid, they consult with your agent. The power of attorney makes it legally possible for someone else to make healthcare decisions on your behalf, so make sure to pick someone you trust to put your best interests first.
Which one should you use? They both have advantages, so it all depends on your unique situation. Just make sure you carefully consider all of your legal options.