What is the key difference between living wills and a durable power of attorney for health care?
| Aspect | Living Will | Durable Power of Attorney for Health Care |
|---|---|---|
| Definition | A legal document that specifies an individual's wishes regarding medical treatment in case they become incapacitated and unable to communicate their preferences. | A legal document that designates a trusted person (healthcare proxy or agent) to make medical decisions on behalf of the individual if they are unable to do so themselves. |
| Decision-Making Authority | Specifies the individual's own preferences for medical treatment, such as the acceptance or refusal of certain medical interventions, like life support or organ donation. | Grants decision-making authority to a trusted person chosen by the individual, who can make healthcare decisions based on the individual's best interests and according to their wishes (if known). |
| Activation Trigger | Typically becomes effective when the individual is unable to communicate or make healthcare decisions due to incapacity or a terminal condition. | Becomes effective when the individual is unable to make their own healthcare decisions, as determined by a physician. |
| Scope of Decision-Making | Limited to medical treatment preferences outlined in the living will, and it does not involve appointing a specific person to make decisions. | Broader in scope as it involves appointing a specific person (healthcare proxy) to make healthcare decisions, including those not covered in the living will. |
| Specificity of Preferences | Provides specific instructions regarding the type of medical treatments to accept or refuse under various scenarios. | The appointed healthcare proxy may need to make decisions that are not explicitly covered in the living will, based on the individual's best interests. |
| Customization | Allows individuals to tailor their medical treatment preferences according to their values and beliefs. | Provides flexibility in choosing a trusted person who knows the individual's values and can make decisions accordingly. |
| Duration | Remains in effect until the individual revokes or amends it, or until their death. | Remains in effect until the individual revokes or amends it, or until their death, unless they specify a different duration. |
| Complementary | Can be used in conjunction with a durable power of attorney for health care to provide specific treatment preferences alongside a designated healthcare proxy. | Can be used alongside a living will to ensure that the healthcare proxy is aware of the individual's treatment preferences. |