Should I have a Healthcare Power of Attorney or Living Will?

Healthcare powers of attorney and advance directives are created by statute. Similar to durable powers of attorney, a healthcare power of attorney is a document in which you (the principal) designate an agent (the healthcare attorney-in-fact) to make healthcare decisions when you are incapacitated or unable to communicate those decisions on your own. Importantly, your durable power of attorney is not empowered to make healthcare decisions, and conversely, your healthcare power of attorney is not authorized to make financial decisions for you. That said, obviously, if you have appointed the same person, he or she will have both powers. As broad as the powers are in a durable power of attorney, the powers of your healthcare agent as similarly as broad, although relegated to healthcare decisions. Thus, the agent can admit you to a facility, have you discharged or transferred, consent to surgical procedures, etc. It is often a good idea to name a successor agent in case your primary agent is not available.