What is the key difference between living wills and a durable power of attorney for health care?

 

AspectLiving WillDurable Power of Attorney for Health Care
DefinitionLegal document that specifies an individual's healthcare preferences and treatment decisions if they become unable to communicate or make decisions.Legal document that designates a trusted person (healthcare proxy) to make medical decisions on behalf of the individual if they are unable to do so themselves.
Decision MakerNo decision maker is appointed in a living will; it provides written directives for healthcare decisions.Appoints a specific individual (healthcare proxy or agent) to make healthcare decisions on behalf of the individual.
Scope of AuthoritySpecifies the individual's preferences for specific medical treatments or interventions (e.g., life support, organ donation) in advance.Grants the designated agent the authority to make healthcare decisions, including those not covered in the living will, based on the individual's best interests.
ActivationBecomes effective only when the individual is deemed unable to make medical decisions or communicate their wishes.Becomes effective when the individual is unable to make healthcare decisions or communicate their preferences, as determined by a healthcare provider.
FlexibilityProvides limited flexibility, as it is based on predetermined preferences and may not cover every potential medical scenario.Offers more flexibility as the designated agent can make real-time decisions based on the individual's current medical condition and the context of the situation.
Use of Living WillPrimarily used to guide healthcare providers and family members in making decisions in accordance with the individual's written directives.Used when the individual's preferences are not explicitly outlined in a living will or when new medical situations arise.
RevocabilityTypically revocable and can be updated or revoked by the individual at any time when they are capable of making decisions.Revocable at any time by the individual, and they can appoint a new agent or modify their healthcare preferences.
Examples of Decisions CoveredEnd-of-life decisions, artificial life support, organ donation, and other specific treatment preferences.A broad range of healthcare decisions, including treatment options, surgeries, medical procedures, and care settings.
Designation of AgentDoes not designate an agent; it relies on written instructions.Designates a trusted person as the healthcare proxy or agent to make decisions.
Common TerminologyMay be referred to as an "Advance Directive" or "Directive to Physicians."Often referred to as a "Healthcare Power of Attorney" or "Medical Power of Attorney."

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