Estate planning isn’t just about death. It can also help people prepare for the possibility of a major personal emergency in the future. Many people establish living documents. Adults in Illinois have the right to draft several different advance directives that take effect when they become incapacitated.
The best estate plans include a variety of documents, but some people try to focus on one or two specific documents in particular. People thinking about their care needs in the event of an emergency may consider drafting living wills or medical power of attorney documents to authorize others to make choices about their care. Which document is more effective or valuable?
Living wills and powers of attorney work together
A living will provides clear information for health care professionals and those making difficult choices when an individual has a terminal medical condition. When an illness or injury is so severe that an individual’s death is inevitable, a living will takes effect. Should the person become incapable of communicating with others, their living will explains what care they prefer to receive.
Powers of attorney are somewhat different. They may include instructions regarding preferences, but the focus is on empowering the right person to handle medical affairs for an incapacitated individual. Having both documents is ideal.
If an incapacitated person has a living will and medical power of attorney on record, the agent or attorney-in-fact empowered in the power of attorney paperwork usually has the authority to decide what treatment the person receives. The living will only dictates medical decisions in scenarios where the agent is not available.
Living wills and powers of attorney tend to complement each other. Establishing advance directives and other important documents can help give people protection when they need help the most.