Difference between POA and Living will

    Planning for the future is the best way to protect you and your family. Most people may feel that a will alone is sufficient, but several other documents are often necessary to create a comprehensive estate plan that will safeguard a senior’s health and finances.

An elder law attorney can help you set up an estate plan to prepare for your end-of-life requests. Some common documents for estate planning include:

Will– A last testament that indicates how a person’s estate will be distributed among beneficiaries after they pass away. The person who writes the will(testator) can pick an individual (executor) to manage the probate process and distribution of the estate. A will does not take effect until after the death of the testator. 

Advance directives– Advance directives are written instructions and preferences for the use of making future medical decisions if you are unable to do so yourself. These documents are called health care directives. 

Living Will– Unlike a traditional will, a living will takes place while one is still alive. It goes into effect when the person who wrote it is no longer able to communicate their end-of-life wishes. This directive describes how a person wants their emergency care to be handled.

     Many people differ with opinions on life support, and a living will makes it possible to know what the person in care wants to happen. It is crucial to be specific when writing a living will but one does not have to have a plan for every single medical issue that could arise. Working with an elder law attorney will ensure that these instructions are clearly articulated and that these documents meet the legal requirements to be valid.  

Do Not Resuscitate Order

     A DNR form is completed by a physician or health-care provider stipulating that a patient does not want treatment with the intention of prolonging life. Having a DNR does not affect the provision of other medical treatments. These forms are completed by physicians at a patient’s request and in accordance to their will. They are often obtained by family members with terminal illnesses. 

Physician orders for life-sustaining treatment

     Some states have replaced DNR forms with POLST forms. These forms are similar, but the POLST forms get into more of the specifics. It addresses other treatment such as antibiotics and feeding tubes. They are intended to be a condensed version of a living will so medical workers can quickly make a decision

Powers of Attorney-

     POA documents allow a person (the principal) to give a trusted individual (the agent) The ability to make decisions for them. This can vary from specific actions and circumstances to a broad agreement of making decisions. This allows a trusted family member to make decisions on their behalf. 

     The best way to protect your future is to consult your local elder law attorney. This will ensure that your end-of-life wishes are all met. 

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Jamison Bonds, VA Accredited Attorney

One of the many benefits of being an elder law attorney is getting to work with selfless clients who act not out of their own self interest, but out of a deep concern for the people they love.  That’s why I love helping families enjoy peace of mind and protect their hard-earned assets.

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