Which is better: a living will or a durable power of attorney for health care?
We recommend both. Some states approve one kind over the other; some health care providers are more comfortable with one type of document than another. But whatever document is elected, make sure that it is consistent, describes treatment choices in a variety of situations, and names someone (called a “proxy”) to make decisions for you, should you be unable to make decisions for yourself.
In some states, laws may make it better to have one or the other. It may also be possible to have both, or to combine them into a single document that describes treatment choices in a variety of situations (ask your doctor about these) and names someone (called your “agent” or “proxy”) to make decisions for yourself.
In some states, laws may make it better to have one, the other, or both. The decision is up to you. But remember, a Living Will doesn’t allow you to name someone to make your medical decisions, if that is what you want. Check with your attorney or you may want to consult the State Attorney General offices. Federal law requires hospitals, skilled nursing facilities, hospices, home health agencies and managed care plans to give their patients who are covered by Medicare or Medicaid information about Advance Directives. The law is intended to increase your control over medical treatment decisions. However, health care providers only have to provide information about the laws for the State in which they are located. Laws governing Advance Directives differ from State to State. Also, the laws on honoring Advance Directives from one State to another aren’t clear. If you live in one State, but travel to other States frequently, you may want to consider having your Advance Directive meet the l
These are actually two different things, so we recommend that you have both. A Living Will is a document with instructions you make directly to your doctor about what kind of care you want if you should become unable to make decisions about your healthcare (such as a coma from a car accident or dementia). A Durable Power of Attorney for Heath Care (DPA) is a document where you appoint someone you trust, such as a relative or a friend, to make medical decisions for you if you are no longer able to make them for yourself. If you have a Living Will, your proxy (also called a health care proxy, an attorney in fact, an agent, or a representative) will make decisions you havent covered in your Living Will. If you have not made a Living Will, your proxy will make all your medical decisions for you. States often have forms for both Living Wills and DPAs. Several states, like California, now have a document called a Health Care Directive that combines both of these. Whatever document you decide
