Living Will and Durable Power of Attorney for Health Care

Both of these are important documents for everyone to have, but you must realize their limitations.

Living Will:

This is a legal document that expresses your desires for end-of-life care. In most states, these documents deal with end-of-life issues if you are in a “permanently unconscious state” or have a “terminal condition.” In those cases, life support would be managed, as you stipulate.

Unfortunately, in most states, the Living Will does NOT address Code status apart from the situations noted above. Therefore, someone who has a living will MUST ALSO DISCUSS CODE STATUS AND OBTAIN A MEDICAL ORDER FROM A HEALTH CARE PROFESSIONAL, if they do not want to be resuscitated.

Durable Power Attorney for Health Care:
This legal document gives authority to a designated person to make health care decisions on your behalf if you are unable.

Be sure to discuss your end-of-life wishes with the person you designate as your healthcare power of attorney.

You can obtain these forms (state by state) at Living Will Registry.
You do not need an attorney to complete these forms in most states and most hospitals can provide the forms.

POLST
If Physician Orders for Life Sustaining Treatment (POLST or MOLST) are legal in your state, then discuss this with your physician because you will be able to deal with these matters in one document (EG California’s Document).

Five Wishes
This document serves as a Living Will and a Power of Attorney for Health Care. You do not need an attorney to complete this form. It is a legal document in 40 states and can be obtained at: agingwithdignity.org or call 1-888-5-WISHES.


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