What is a Durable Power of Attorney for Health Care?

The durable power of attorney for health care is a document that allows you to name another person to make certain medical decisions for you if you are unable to make them for yourself. This is very important, particularly for those who are not likely to be terminally ill.

What are the differences between a durable power of attorney for health care and a living will?
The focus of a durable power of attorney for health care is on who makes the decision; the focus of a living will is on what the decision is. Also, a living will is limited to care during terminal illness or permanent unconsciousness; a durable power of attorney for health care can be applicable during temporary disability.

Can I have both a durable power of attorney for health care and a living will?
Yes. You could have a single document or two separate documents. If in separate writings, you should make sure your wishes expressed in the two writings are consistent. If in a single document, you should comply with the technical requirements of the durable power of attorney for health care law.
Since the legalities of a document such as this can be very complex, it is suggested that you consult your own legal advisor prior to execution of this document