Will vs Living Will vs Health Care Power of Attorney; Which one to choose?

Let me start by clarifying that a living will is not the same as a will. They have different purposes and they become effective at different times. A will is effective after your death, but a living will applies while you are alive. A health care power of attorney gives medical decision power under specific situations. Let me save you some time and tell you that as part of your estate planning you need them all.

A will is a legal document that you create during your lifetime.

1. become effective AFTER your death.
2. You can decide how your assets will be distributed after your death.
3. You appoint an executor who will be responsible for winding down your financial life.
4. You can appoint a guardian who will be responsible for caring for your children.

While the living will is also created during your lifetime, it serves a different purpose. The Living Will only becomes effective when the patient is unable to make decisions for him/herself. In other words, the document is only effective when the person becomes incapacitated. Before the living will is implemented, there must be a necessary and appropriate certification from a doctor that the person is truly suffering from a terminal condition or that he is permanently unconscious. With a living will you can accomplish the following:

1. Medical professionals will follow the instructions outlined in your living will.
2. You are able to outline your desires for certain treatment options and procedures (i.e. deciding whether you want to remain on life support)

Your health care power of attorney is effective when your doctor determines that you are not cable of making medical decisions. You may be unconscious, highly medicated, or otherwise unable to comprehend the medical issues at hand and communicate about them. Basically the health care POA covers the period in between the living will and the will.

It is important the proper planning for you elder care parents. You need to have the proper legal documentation to prevent medical dilemmas like the following:

1. If the person suffers from a heart attack, the living will is not yet implemented because the condition is not possibly terminal. The patient could still recover and decide clearly for himself. Unconsciousness in such a condition is also not permanent yet. The person could still be resuscitated, despite terms in a living will that he does not want to undergo life prolonging procedures. In other words, the medical professionals could still proceed to their main goal of saving the person's life or instantly reviving him. The living will would only take effect if in case ultimate recovery gets hopeless.

2. In situations when the person is unable to speak for himself but his health condition is not that dire, the living will still does not take effect. In such a case, the health care power of attorney becomes effective.

The care of your elderly parents is a serious matter and should be handle on time. You must talk to your loved ones about the care they want and how to handle those difficult medical dilemmas.