Medical Malpractice Attorneys and Lawyers

Does a Living Will name a Power of Attorney over medical matters?

I'm having surgery soon and my Dr instructed me to have a POA 'just in case'. So I called my lawyer and he said I need a living will. I wasn't sure if they were the same thing or not. Thanks for all the answers!

Public Comments

1. No that is something else that you would have to do if you wanted someone to make your medical decisions for you.
2. I know what your getting at, and yes. Its just not really called Power of Attorney. A living will gives the person named the right to make medical decisions, in certain situations, if you are incapacitated. Although most scenarios are covered under the living will, on whether you want to be kept alive or not. Power of Attorney is handing over all legal rights, letting that person act as you. *** Yea they are two different things that get filled out at once. It must be a risky surgery. I hope the best for you. Living will is for medical decisions. PoA is for you to give a trusted friend or family member rights and access to all of your assets. But can be set up in such away where you would have had to pass away first. Just helps get past red tape and saves your family thousands having to have a lawyer do the leg work.
3. a living will is YOUR decision of what should happen to you if you become incapacitated....your power of attorney over medical matters is separate from that and you would need to see which one supersedes by consulting an attorney...if your living will has a DNR on it (do not resuscitate) and your power of attorney over medical matters decides that they do want to resuscitate then i am not sure which one supersedes
4. No, generally that is a seperate document. It is recomended that you have both documents in place, but it is up to you.
5. Yes; In the living will it often states Power of attorney for health care decisions.A living will designates a person to make decisions about medical care; a power of attorney designates a person to make decisions about money matters. Either or both go into effect when you can't make decisions on your own. Often the designated person is the same for both living will and power of attorney.