DURABLE POWER OF ATTORNEY FOR HEALTH CARE
While a Living Will may designate your personal physician, it fails to provide individuals with the express appointment of an agent to act on behalf of the incapacitated person. With a Living Will, there may be litigation over what is meant by the term "persistent vegetative state."
In a highly comprehensive Durable Power of Attorney for Health Care, numerous definitions are provided and the individuals select what type of treatment he or she desires should they become incapacitated. A properly drafted health power of attorney allows you to appoint a specific trusted person (i.e., spouse or child), and successors if he or she becomes unable or refuses to act, to make all health care decisions on your behalf - including the removal of nutrition and hydration - in the event you are unable to make such decisions yourself.
Remember, a health care power of attorney is activated by your incompetence, and, this incompetence is usually determined based upon the written opinions of two licensed physicians.
We include a Durable Power of Attorney for Health Care, at no charge, with every revocable living trust structure we prepare for our clients.