Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

There are several important legal documents that individuals should consider as part of their estate planning and healthcare decision-making processes. While they may sound similar, a will, living will, durable power of attorney, and healthcare power of attorney serve distinct purposes and functions.

A will, also known as a last will and testament, is a legal document that outlines how an individual’s assets and property should be distributed after their death. It typically names an executor to manage the estate and can also designate guardians for minor children. A will becomes effective only upon the death of the testator (the person who created the will).

A living will, on the other hand, is a document that specifies an individual’s wishes for end-of-life medical care. It provides instructions to healthcare providers regarding the use of life-sustaining treatments in the event that the person becomes terminally ill or permanently unconscious. Unlike a regular will, a living will takes effect while the person is still alive but unable to communicate their healthcare preferences.

A durable power of attorney is a legal instrument that allows an individual (the principal) to appoint someone else (the agent or attorney-in-fact) to make financial and legal decisions on their behalf. The term “durable” means that the power of attorney remains in effect even if the principal becomes incapacitated. This document can cover a wide range of financial and legal matters, such as managing bank accounts, paying bills, and handling real estate transactions.

Lastly, a healthcare power of attorney, also known as a medical power of attorney, is a document that designates a trusted individual to make medical decisions on behalf of the principal if they become unable to do so themselves. This agent has the authority to consult with doctors, access medical records, and make decisions about treatment options. Unlike a living will, which is limited to end-of-life care, a healthcare power of attorney covers a broader range of medical situations.

It is important to note that while these documents serve different purposes, they often work together as part of a comprehensive estate and healthcare planning strategy. Many individuals choose to have all of these documents in place to ensure their wishes are respected and their affairs are properly managed in various scenarios.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.