The Living Will declaration means to document your wish that the life-sustaining treatment be withdrawn or withheld if you are in a permanently unconscious state or in a terminal condition and are unable to make informed medical decisions.
- Life-sustaining treatment includes any health care like technologically or artificially supplied hydration and nutrition, that will serve to prolong the process of dying.
- Terminal illness or terminal condition means an incurable, irreversible and untreatable condition caused by an illness, disease or injury.
- Permanently unconscious state is an irreversible condition in which a person is permanently unaware of himself and his surroundings.
Why do you need a Health Care Power of Attorney form?
Having a Living Will form does not affect the responsibility of health care personnel to provide the necessary comfort care to you. Comfort care usually refers to any measure that’s taken to diminish discomfort or pain, but not to postpone death. In most states, a Living Will declaration is applicable only to individuals in a permanently unconscious state or in a terminal condition. If you wish to get direct medical treatment in other circumstances as well, then you should prepare a Health Care Power of Attorney for that. The Health Care Power of Attorney form gives the designated person (an agent or an attorney-in-fact) the authority to make most of the health care decisions for you (including nursing, dental, surgical and psychological) if you lose the capacity or are unable to make informed health care decisions for yourself. The authority is effective only when the attending physician examines and determines that you are unable to make informed health care decisions for yourself. As long as you can make informed health care decisions for yourself, you can retain the right to make all health care and other medical decisions. You may also limit the authority of the health care decisions for your agent. The authority for making health care decisions for the agent generally include the authority to give informed assent, or to withdraw informed assent, or to refuse to give informed assent to any care, service, treatment, or procedure to diagnose, maintain, or treat a mental or physical condition.
Overlooking a health care power of attorney can be costly:
Health Care Power of Attorney (HCPOA) is not given the same attention as a Durable General Power of Attorney, and is a very important estate planning tool. Appointing someone to act as your HCPOA agent plays a significant role for the patient advocate. If an HCPOA is not properly drafted, then in the event you have to admit your loved one into the hospital in the unfortunate situation, you would have no authority to make the medical decisions on your loved one’s behalf. The proper procedure is to file a petition with the court and then be appointed as their Guardian or Conservator. This process can be a bit time consuming and even costly.
An HCPOA is a simple document that protects your wishes as the principal and provides your advocate with the convenience that they wouldn’t otherwise have.
A Living Will declaration form serves the purpose of documenting your wishes regarding life-sustaining treatment in the event that you are in a permanently unconscious state or a terminal condition and unable to make informed medical decisions. This type of treatment includes any healthcare that would serve to prolong the process of dying, such as technologically or artificially supplied hydration and nutrition.
It’s important to note that having a Living Will does not affect the responsibility of healthcare personnel to provide necessary comfort care to you. Comfort care refers to measures taken to diminish discomfort or pain without postponing death.
However, if you wish to receive direct medical treatment in other circumstances, it’s recommended that you prepare a Health Care Power of Attorney form. This form gives a designated person, such as an agent or an attorney-in-fact, the authority to make most healthcare decisions for you if you lose capacity or are unable to make informed decisions for yourself.
The authority granted by a Health Care Power of Attorney is effective only when your attending physician determines that you are unable to make informed healthcare decisions for yourself. You may also limit the authority of your agent in making healthcare decisions. In general, the authority granted to your agent includes giving informed assent, withdrawing informed assent, or refusing to give informed assent to any care, service, treatment, or procedure to diagnose, maintain, or treat a mental or physical condition.
It’s important not to overlook the need for a Health Care Power of Attorney. Failure to properly draft this document could result in the loss of authority to make medical decisions on behalf of your loved one, which may require filing a petition with the court and being appointed as their Guardian or Conservator. This process can be time-consuming and costly.
In summary, a Living Will declaration form and a Health Care Power of Attorney form are essential estate planning tools that protect your wishes and provide your designated advocate with the necessary authority to make important healthcare decisions on your behalf.
Joxito