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Your healthcare agent can't override the healthcare treatment wishes you set forth in your living will, and must always abide by your best interests. Your living will and the power of attorney for healthcare are generally extinguished upon your death.
A Health Care Proxy designates another person to make medical decisions should you be unable to do so, and a Living Will allows you to list medical treatments that you would or would not want if you became terminally ill and unable to make your own decisions.
An advance directive is a set of instructions someone prepares in advance of ill health that determines his healthcare wishes. A living will is one type of advance directive that becomes effective when a person is terminally ill.
A living will differs from a durable power of attorney for health care because a living will delineates your wishes specifically, whereas a power of attorney for health care allows someone else -- your agent -- to make your health care decisions for you.
Durable Power of Attorney for Health Care (or Health Care Proxy) A type of advance directive in which you appoint someone else to make all medical treatment decisions for you if you cannot make them for yourself. The person you name is called your agent, proxy, representative, or surrogate.
With what is known as a durable power of attorney for health care, you can designate an agent that will make decisions that weren't covered by your living will. It is important to note that your health care agent can't overrule any of the provisions of your living will.
The major difference between the two is that a living will is directed to a patient's medical team. Whereas, a power of attorney is a document that gives a trusted individual the authority to make decisions of the signer's behalf. This designated individual is called the "attorney-in-fact."
A living will is different from the types of wills used to pass property and assets on to family members, friends, or even organizations after a death. ... Left to their own devices, your family members could even quarrel over your care, so stating your wishes can help everyone cope during a difficult time.
A living will provides you with the freedom to determine how medical decisions should be made in the event you become unable or unwilling to make them for yourself. ... Although state laws can vary, living wills generally do not expire while you are alive, absent special circumstances or your express intent.
You can give a person complete authority to make all decisions, or limit them significantly to make only specific decisions. ... If you want specificity, it is better to do that in your living will, which the person with a durable power of attorney cannot override.
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