At Lardiere, McNair & Stonebrook, estate planning is a significant part of our practice. Our estate planning attorneys have many years of experience and are ready to help you build your Estate Planning Portfolio to meet your specific needs.

When planning for the future, it’s important to consider not only how your assets will be distributed but also how your medical decisions will be handled if you are unable to communicate them yourself. Two essential estate planning tools—the living will and the health care power of attorney—serve distinct yet complementary roles in protecting your health care wishes.

What Is a Living Will?
A living will is a written legal document that outlines your preferences for medical treatment if you are terminally ill, permanently unconscious, or otherwise unable to make your own medical decisions. It typically addresses life-sustaining interventions such as mechanical ventilation, artificial nutrition, hydration, and resuscitation. This document ensures that your physicians and family understand your wishes regarding end-of-life care.

What Is a Health Care Power of Attorney?
A health care power of attorney (also known as a medical power of attorney or health care proxy) authorizes a trusted individual—called your health care agent—to make medical decisions on your behalf if you become incapacitated. Unlike a living will, a health care power of attorney applies in a wide range of medical situations, not just end-of-life circumstances. Your agent can consult with medical professionals, review treatment options, and make real-time decisions consistent with your expressed values and goals.

Key Distinctions

• Scope of Authority: A living will provides specific written instructions, while a health care power of attorney empowers a person to make broader medical decisions.
• Flexibility: A living will is limited to the situations it addresses, whereas your designated agent can respond to unforeseen medical circumstances.
• Decision-Maker: A living will conveys your stated preferences; a health care power of attorney ensures that someone you trust can advocate for you.

Why You Should Have Both Documents
Together, these two documents form the foundation of a comprehensive health care plan. A living will provides clarity and direction, while a health care power of attorney provides flexibility and advocacy. Having both ensures that your medical choices are respected and that your loved ones are not left making difficult decisions without guidance.

Consult an Attorney for Guidance
Because each state has specific requirements for advance directives, it’s advisable to work with an experienced estate planning attorney to ensure that your documents comply with applicable laws and accurately reflect your wishes. Properly drafted and executed, these tools offer peace of mind—for you and for those who care for you.

For assistance creating or updating your living will,  health care power of attorney, or any other estate planning documents, contact us at 614-534-1355 to schedule a consultation with one of our attorneys. We look forward to speaking to you.