When it comes to estate planning and making important legal decisions regarding healthcare, two significant documents that often come into play are a durable power of attorney and a living will. While they both pertain to important aspects of an individual's life, such as healthcare and financial matters, they differ in scope and purpose. Let's explore these documents in greater detail and understand how they serve different purposes in planning for the future. Durable Power of Attorney: A durable power of attorney (DOA) is a legal document that grants someone, known as the agent or attorney-in-fact, the authority to make decisions on behalf of another person, often referred to as the principal, in the event the principal becomes incapacitated or unable to make decisions themselves. The agent appointed in a DOA has the legal authority to manage the principal's financial, legal, and property matters. Different Types of Durable Power of Attorney: 1. General Durable Power of Attorney: This type of DOA grants the agent broad authority to handle the principal's financial and legal affairs. The authority remains in effect even if the principal becomes incapacitated. 2. Limited or Special Durable Power of Attorney: In this case, the agent's authority is restricted to specific matters or a particular time frame, depending on the principal's requirements and wishes. 3. Springing Durable Power of Attorney: This type of DOA "springs" into effect only when certain conditions are met. Typically, it becomes operative when a specific event, such as the principal's incapacity, occurs. Living Will: A living will, on the other hand, is a legal document that focuses solely on an individual's healthcare and medical treatment preferences. It allows the person, known as the declaring, to specify their desires regarding end-of-life medical interventions, such as life support, resuscitation measures, and the use of artificial feeding methods. While a durable power of attorney designates someone to make decisions on behalf of the incapacitated individual, a living will expresses the individual's own wishes directly. It provides guidance to healthcare providers and relieves loved ones from making difficult decisions on the declaring's behalf. In summary, a durable power of attorney and a living will are both integral components of comprehensive estate planning. The DOA focuses on financial and legal matters, granting authority to an agent to handle various aspects of the principal's life, while a living will specifically addresses healthcare preferences. Understanding the differences between these two documents is crucial in ensuring an individual's wishes are accurately represented and followed when they are unable to communicate or make decisions independently.
Durable Power Of Attorney
Description Power Of Attorney Sample
How to fill out General Durable Power Of Attorney Form?
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