Can a Power of Attorney Alter a Living Will?
Living wills and power of attorney are two crucial legal documents that help individuals manage their healthcare and financial affairs in case they become incapacitated. However, there is often confusion regarding the extent to which a power of attorney can alter a living will. In this article, we will explore this topic and provide a comprehensive understanding of the interplay between these two documents.
A living will, also known as an advance healthcare directive, is a legal document that outlines an individual’s preferences regarding medical treatment and end-of-life care. It provides instructions to healthcare providers about the types of treatments they wish to receive or refuse, such as life support, artificial nutrition, and hydration. On the other hand, a power of attorney is a legal document that grants someone (the attorney-in-fact) the authority to make decisions on behalf of the principal (the person granting the authority) in financial or healthcare matters.
Understanding the Role of a Power of Attorney
A power of attorney can be general or specific. A general power of attorney grants broad authority to the attorney-in-fact to make decisions on the principal’s behalf, while a specific power of attorney limits the attorney-in-fact’s authority to certain areas, such as financial or healthcare decisions. In the context of a living will, a power of attorney can be used to appoint an individual to make healthcare decisions on the principal’s behalf when they are unable to do so.
Can a Power of Attorney Alter a Living Will?
The short answer is: it depends. A power of attorney cannot alter the instructions provided in a living will without the principal’s explicit consent. If the living will clearly states the principal’s wishes regarding medical treatment, the attorney-in-fact must adhere to those instructions. However, there are some exceptions:
1. Durable Power of Attorney: A durable power of attorney remains in effect even if the principal becomes incapacitated. If the principal has granted a durable power of attorney and appointed an individual to make healthcare decisions, that person can alter the living will if the principal has given them the authority to do so.
2. Healthcare Surrogate: In some states, a power of attorney document can include a healthcare surrogate designation. This allows the attorney-in-fact to make healthcare decisions on the principal’s behalf, including those that may contradict the living will. However, the principal must have given explicit consent for the attorney-in-fact to have this authority.
3. Revocation of Living Will: If the principal revokes their living will, the power of attorney may be used to alter the healthcare decisions that were previously outlined in the living will. The principal must have given clear instructions regarding the revocation and the authority to alter the living will.
Conclusion
In conclusion, a power of attorney cannot alter a living will without the principal’s explicit consent. The principal’s wishes regarding medical treatment and end-of-life care should always be honored, unless there is a specific provision in the power of attorney or living will that allows for alterations. It is essential for individuals to consult with legal professionals to ensure that their healthcare and financial affairs are managed according to their preferences.
