An advance directive in health care primarily comes in two different forms, a living will and a power of attorney. These are written instructions for people that help them to clarify what type of health care they do or do not want, if any situation renders them unable to make the decision themselves.
To fully understand the difference between living will vs power of attorney, it is important to look at each type in detail.
There are numerous misconceptions about powers of attorney — you can thank television for that! Legal experts and professionals routinely cite clients who will call up and explain that their elderly parent is now no longer competent. It’s at this point that they want to know one very crucial thing: “Can you do a power of attorney and living trust for my parent?” This is a reversal of the legal process for lifetime planning, and it shows how few people truly understand what a power of attorney is — and what it is not.
Power of attorney is a legally binding document in which the grantor gives another person authorization to make decisions on their behalf. There are a number circumstances in which power of attorneys are useful, such as when the grantor is medically incapacitated, incarcerated, not of sound mind, or if the grantor simply wants the security of having someone else make their decisions. Today we’re going take a closer look at this process, revealing some common questions and answers related to power of attorneys.
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