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Essential Legal Documents: What Are Advanced Directives, Living Wills and Powers of Attorney?

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What Legal Documents Do I Need?

There are three legal documents you need, at a minimum. It is in your best interests to appoint a health care proxy, someone who acts on your behalf in the event that you cannot make decisions for yourself due to medical incapacitation. You should also have a living will, which states the procedures you would want (or not want) performed in specific situations. Drafting a power of attorney for your financial affairs is also a good idea. When choosing a health care proxy and power of attorney, pick people whose judgment you trust-it's possible that the documents won't cover every scenario. In this case, the individual(s) will be able to make both medical and financial decisions on your behalf.

Advanced Health Directive & Living Wills

Advanced health directives is the general name given to any set or sets of documents that outline a person's medical wishes. The advance health directive is used when the draftee is unable to communicate on his or her own behalf. A living will is one type of advanced health care directive. Living wills can be quite specific or very general; some state which life-prolonging procedures are allowed for patients in vegetative states. Five Wishes, a nationwide nonprofit, offers an easy online format for a living will with a very broad scope. LegalZoom also provides a quick way to get a living will online.

Advanced Medical Directive or Advanced Health Directive

An advanced medical directive and an advanced health directive are the same thing. In both documents, the draftee states the medical actions they would or would not like to be taken in the event they are incapacitated and cannot make a decision at that time.

Durable Power of Attorney

A durable power of attorney is a legal document that appoints an individual who can act on your behalf. These give financial control to the appointed individual in the event that the draftee becomes medically incapacitated. Create a durable power of attorney online in just a few minutes.

Health Care Proxy and Medical Power of Attorney (MPOA)

A health care proxy and a medical power of attorney are the same thing; the terms vary by state. Both documents appoint an individual to make health care decisions on another person's behalf. These documents can be very detailed or very broad in scope, depending upon how you choose to draft them.

Power of Attorney (POA)

Durable Power of Attorney & Medical Power of Attorney

Power of attorney can be split into two categories. A durable power of attorney appoints an individual to make financial decisions on your behalf. Usually, the named individual would only take over the finances if you were unable to make a financial decision due to medical incapacitation. A durable power of attorney only allows the named person to make financial decisions.

A medical power of attorney (MPOA) appoints a person to make medical decisions on your behalf. Keep in mind that your financial and medical wishes could possibly conflict; speak to an eldercare attorney in detail regarding your wishes in various scenarios.

For more information on legal documents such as advanced directives, living wills and powers of attorney, read more articles in What Legal Documents Do I Need?.

Posted in: Advanced Directives, Avoiding Fraud & Abuse, Dying with Dignity, Elder Law, Essential Documents, Living Wills, Living Wills & Advanced Directives, Living Wills & Advanced Directives, Living Wills & Advanced Directives, Powers of Attorney, Powers of Attorney, Powers of Attorney, Powers of Attorney (Durable & Medical), Wills & Trusts

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