Difference between a Living Will and a Durable Power of Attorney for Health Care - Advance Medical Directive
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To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
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A Living Will is a document addressing only deathbed considerations. In this document a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery. A client uses a Durable Power of Attorney for all healthcare decisions, Limited by certain elections regarding deathbed issues.
Do I need both a Living Will and a durable Power of Attorney for health care? Yes, it is a good idea to have both documents because they serve two different purposes. A Living Will takes effect only when there is no hope for recovery, while a durable Power of Attorney takes effect whenever you become unable to make decisions - such as during surgery or even when you become temporarily unconscious.
Under law, if the terms of your Living Will and durable Power of Attorney conflict, the durable Power of Attorney controls.
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