Understanding Durable and Medical Powers of Attorney

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An estate plan, as most people are aware, begins with a will. However, if you want to ensure that your intentions are carried out, you should also consider drafting other legal documents. A durable power of attorney for healthcare and a living will are two examples of this type of legal instrument. Despite the fact that they both deal with medical decisions,

An concept Image of a power of attorney

You should be aware of several key differences before creating either one.

Power of attorney that lasts for a long period of time is known as a “durable” power of attorney, and it can be terminated at any time by the principal. Even if the principal becomes incapacitated, a durable power of attorney, which must be specifically specified, is still legal. In the event of the principal’s incapacity, a “non-durable” power of attorney—one without a durability provision—is terminated. Power of attorney legislation differs from one state to another.

Medical power of attorney permits a selected person to make healthcare decisions on your behalf, while financial power of attorney permits a specified person to monitor your financial affairs if necessary.

In the event that you are unable to make decisions for yourself, you can choose a financial and medical power of attorney.

Separate legal forms are commonly used to establish a power of attorney for medical care and a power of attorney for financial matters. Both are referred to as “advanced directives” by lawyers. As a general rule, the law treats each sort of advance directive separately, which restricts their power. Sadly, this is an all-too-common misconception.

Your intentions will be carried out if you appoint trusted individuals to carry your medical and financial durable powers of attorney. This information will assist you determine whether or not to choose the same individual to hold both of these directives on your behalf. To better understand the medical and financial powers of attorney, this article examines the similarities and differences between these two types of legal acts.

Similarities

Both a durable healthcare POA and a living will allow you to designate a trusted representative to act on your behalf when it comes to making medical decisions. To create either document, you must be at least eighteen years old and of sound mind. No one is authorized to persuade anybody else to make an end-of-life plan or healthcare proxy on your behalf.

Differences

When there is no possibility of recovery, such as in the case of brain dead or a terminal illness, a living will is used to proclaim your preference not to have life-prolonging procedures implemented.

However, a healthcare durable power of attorney only lasts as long as you are unable to make your own health care decisions. However, if you have a Power of Attorney, you can specify how your agent should handle your deathbed difficulties.

Is it possible to have both a healthcare power of attorney and a living will?

Yes. It’s possible that your “DNR” (or “do not resuscitate”) living will doesn’t cover all of your medical concerns because it focuses on only a few. Those who have reservations about dialysis or transfusions, for example, might express those in their healthcare power of attorney. To find out more, visit here : עורך דין יפוי כח מתמשך