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How is a power of attorney different from a living will?

On Behalf of | Apr 20, 2025 | Trust & Estate Planning

Making medical decisions can be a major part of your estate planning. There are two ways that you can do this, the first of which is with a living will. The second is with a medical power of attorney.

A living will can be fairly simple. Essentially, you just make decisions in advance. Maybe you know that you don’t want to be kept on life support under any circumstances. Or perhaps you want to authorize doctors to try any experimental treatments if they think they can save your life. You can leave these types of instructions—and any others—in a living will.

Choosing someone to make decisions for you

The difference with a power of attorney is that you don’t have to list specific instructions for your doctor. Instead, you choose someone, known as your agent, to make these decisions on your behalf.

It can be tricky to use a power of attorney. You need to find someone whom you explicitly trust, as your very life may be in their hands. You also need someone who is capable of making complicated decisions in high-stress situations and who is willing to take on that responsibility.

But when you find the right agent, it may actually be better to use a power of attorney. You don’t have to make any guesses about what you would want in the future. Your medical agent can consider all of the specific details of your exact situation and make an informed decision at that time.

Drafting your estate plan

Medical decisions are just one part of making an estate plan. Carefully consider all of the options you have to create a plan that works for you and your family.

 

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