Put it in Writing

While many people understand the need for a will and a financial power of attorney, it’s easy to get confused about advance directives, living wills and healthcare proxies. Where do they differ? Do you need one or all of them? While the terminology can be confusing, the following information can give you some clarity.

Advance Directives

Living wills, healthcare proxies and healthcare powers of attorney are all types of advance directives, which are legal documents that allow you to spell out your decisions about end-of-life care ahead of time. They give you a way to tell your wishes to family, friends, and health care professionals and to avoid confusion later on. The terminology differs by state. Some states offer forms you can fill out for these directives, but others either require or allow you to create your own. Talk to a qualified estate planning attorney for help.

Living Will

A living will is a legal document in which you dictate how you want medical professionals to treat you in different health instances. For example, if you are permanently unconscious or dying, this document may instruct others not to provide life-sustaining treatment, such as a ventilator or feeding tube. Few decisions are as life-altering as the ones included in a living will, so talk to family about any action you want to take before creating and signing this legal agreement.

Healthcare Proxy

Although they have different names, a healthcare proxy and durable power of attorney for health care are the same. Each is a legal document in which you appoint a person to make medical decisions on your behalf when you are not able to make them on your own. Because you are entrusting major medical decisions to the person named as the healthcare proxy, this person should fully understand your wishes up front. You may also want to choose an alternate proxy, in the event the primary proxy is unavailable.

Key Considerations

In addition to these healthcare-related documents, you might consider drawing up a will and a durable power of attorney for financial reasons. Combined, these documents can serve as the foundation of an estate strategy that meets the needs of you and your loved ones.