Ever wondered what the difference is between a Power of Attorney and a Healthcare Directive? I get asked this question all the time, so here we go. Both are documents that give a person the ability to make certain decisions about what happens to them during their lifetime. Also, in both documents, you can appoint someone to carry out your decisions when you are unable to. The power of attorney is the document that handles financial decisions, and the Healthcare Directive handles the medical and advance care directive decisions. The great thing about a Healthcare Directive is that in addition to making advance medical decisions for yourself, you can also appoint a power of attorney agent to handle medical decisions in case you are unable to.
A power of attorney, whether for financial or medical, typically comes into effect when you become incapacitated, although it is not restricted to incapacitation. There could be reason to activate a power of attorney when you are lucid. This happens all the time in business settings. A power of attorney can be used for a specific purpose or event, such as having someone handle affairs while you are out of the country.
A power of attorney gives another person the ability to handle your finances and manage your legal and financial affairs on your behalf. This can be valuable if you are unexpectedly in the hospital or otherwise disposed to ensure that your financial and legal affairs are taken care of.
A healthcare directive is advising your physicians about what you would like to happen if you are in a dire medical situation and are unable to communicate. This can inform medical personnel whether you want life support, artificial hydration or nutrition, etc. The purpose of this document is to ensure that your wishes are carried out as to whether you would like to be kept alive if you are in a terminal state and by what means.
Each state has their own requirements as to what makes a valid power of attorney and healthcare directive. Make sure you reach out to an attorney in your area if you have more questions and to get these important documents in your hands.
This blog post is written for educational and general information purposes only, and does not constitute legal advice. There is no attorney-client relationship between you and the blog publisher. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.