Aspect | Living Will | Durable Power of Attorney for Health Care |
---|---|---|
Definition | Legal 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 Maker | No 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 Authority | Specifies 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. |
Activation | Becomes 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. |
Flexibility | Provides 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 Will | Primarily 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. |
Revocability | Typically 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 Covered | End-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 Agent | Does not designate an agent; it relies on written instructions. | Designates a trusted person as the healthcare proxy or agent to make decisions. |
Common Terminology | May 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." |