Living Will vs. Advance Directive: Which One Is Right for You?
Did you know that less than a third of Americans have a will, according to Legal Zoom? Many adults in Aurora, CO, have never even discussed estate planning or know what the process could encompass.
Crafting a will becomes especially important as a person ages and develops more health risks. Even more important is ensuring that your health is properly cared for, especially when you cannot make decisions on your own. That's where senior legal planning comes into play.
Here's what you need to know about a living will vs. advance directive when dealing with healthcare decisions.
Key Features of a Living Will
The first thing to know is the difference between a living will and a standard one.
A normal will dictates how your assets and property are distributed after death. It acts as a guideline so your loved ones receive exactly what you intend. The will also determines what happens to financial assets like stocks and ownership of a company.
In contrast, a living will focuses on medical care decisions if you become incapacitated. It's a form of senior legal planning that lets you control your healthcare at all times.
A living will addresses end-of-life care, such as:
- If you wish to be placed on life support
- Your preferences about resuscitation
- Decisions regarding artificial nutrition and hydration
- Pain management and comfort care
Key Features of Advance Healthcare Directives
An Advance Directive is a broader term encompassing multiple documents designed to outline your healthcare preferences. A living will is actually one component of it. Other elements often include a medical power of attorney (POA) and a healthcare proxy form.
The durable medical power of attorney appoints a trusted individual to make medical decisions on your behalf. It only takes effect if a person is unable to make decisions for themselves. A senior often designates a family member as their healthcare proxy.
A healthcare proxy form includes medical power of attorney. However, it's also an option for a person who may be undergoing a surgical procedure and wants someone else to make decisions while they're unconscious or if they enter a coma.
Moving into an assisted living community does not invalidate an advance healthcare directive for seniors. The family member still has authority over major medical decisions.
Living Will vs. Advance Directive
Although a living will and an advance directive both serve similar purposes, they are two distinct methods of controlling a person's healthcare. It is possible to have both of them set up, but you'll want your healthcare proxy to know the details of both.
The differences between the two include the scope, who makes decisions, flexibility, and when they take effect.
Scope
In terms of scope, a living will is limited to end-of-life treatment preferences. It does not take effect if the individual is still awake and able to make decisions on their own. For most people, it only matters when a person is in critical condition or dying.
An advance directive provides a broader scope. For example, seniors with dementia may assign durable power of attorney to a family member. That family members can make decisions for them while they are mentally incapacitated.
Decision-Maker
Seniors with living wills don't need a designated "decision-maker". Instead, the document outlines what they want and don't want from a healthcare professional. The doctor has to legally abide by their living will.
Advance directives set up healthcare proxies to handle medical emergencies for seniors. These are especially useful for individuals who have ongoing medical problems that they cannot handle on their own.
Flexibility
A living will is an inflexible document that addresses specific medical procedures. The only person who can change it is the person it belongs to.
Meanwhile, healthcare proxies can make real-time decisions based on evolving situations.
When It Takes Effect
Both cases go into effect when the senior is unable to communicate and faces terminal or severe conditions. However, healthcare proxies have more control over a wider range of scenarios. It all depends on how the documentation is written.
The Role of Estate Planning for Seniors
Estate planning is an important factor to take into account when a senior goes through life. Not every senior has the advantage of good physical and mental health. Some people need extra support when they cannot advocate for themselves.
Creating all of these different documents allows them to control their medical care at all times. Even when they sell their home and live away from their loved ones, their living will stays in effect. The senior's best interests are kept at the forefront.
Which Is Right for You?
When it comes down to it, a senior may want both a living will and an advance directive. They work together, not against each other.
The living will sets in stone your healthcare choices, while a healthcare proxy helps to deal with changing circumstances.
Keep in mind that there are different types of Power of Attorney documents available.
A general POA document is commonly used for money management. A durable POA begins when signed and only ends when the person who created it cancels it.
Springing POA only goes into effect when a person becomes incapacitated.
The more specific medical POA, or durable power of attorney for healthcare, is both durable and springing. That means it will not go into effect if the person is of sound mind and body.
You may want to start with a living will, as it's generally considered easier to set up than a healthcare proxy. You'll want the help of a Colorado healthcare lawyer in ironing out the details to protect yourself.
Protect Your Healthcare Choices
Seniors who want to protect their medical agency may need to decide between a living will vs. advance directive. Both of these documents can tell healthcare professionals what kind of care to give a person and when to stop.
St. Andrew's Village is a resort-style senior living community located in Aurora, CO. Our residents have access to gourmet dining and a wide variety of amenities, such as an indoor pool and a library. Reach out today with any questions and to set up a tour.