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Edited on Sun Mar-20-05 10:41 PM by happyslug
The reason for that is the Living Will is a recent legal created document. A Living Will is basically a statement from you to your Doctor what you want to be done is certain situations. These are generally check the box type papers with a place for you to sign at the bottom. As such these can be filled out by you in your Doctor's Office. IT is than kept by by Doctor in your record so that if anything happens he can check the records and see what you told him to do in those circumstances.
On the other hand a "Power of Attorney" is you appointing someone to act in your name. Now a Power of Attorney can do the same as a living will, i.e. direct someone to act in your name when you can not for medical decisions. A Power of Attorney can be done by your self but I Strongly recommend you see an Lawyer about it so you know what you are giving up. Power of Attorneys have been abused in the past (i.e. the person you give the power to, uses it for his or her advantage instead of your advantage).
Remember a Power of Attorney is you giving someone the POWER to act in your name. If you give anyone any Power of Attorney make sure it is someone you can trust to do with the Power of Attorney what you want them to do.
As to the actual Power of Attorney, the ones I prepare does NOT go into what someone wants (That varies to much over time and medical procedure one is undergoing), instead I just names someone to make such decisions based on what that person has talked about with the person who granted the Power of Attorney. In the case of Terri Schiavo if she had given such Power of Attorney to her Husband (or her parents) the dispute would have been decided years ago (i.e. one or the other would be making the decision). Thus I recommend such a Power of Attorney in addition to a Living Will. The Power of Attorney to be held by the person you want to make those medical decisions and the Living Will to give your Doctor what you what done in such situations.
Remember both the Living Will and the Power of Attorney will not come into play if you are conscious, there only come into play when you are NOT able to make a decision yourself.
One area where a Power of Attorney may be more advantageous than a Living Will. Your Living Will may go into details as to what you want done is you are unlikes to come out of the situation but rarely goes into details on other medical treatment you may need. For example you may be in acute pain, but already at the maximum safe level for morphine. The Doctor will want to ask your Agent is it alright for him to give you a technical overdose to relieve the pain. Under the Power of Attorney your agent will be able to tell him yes or no (Remember we are taking of levels that MAY cause your death but probably will not but are no longer in the safe area of drug usage). Your pain (And drugs you already have in your system) may make it impossible for you to make that decision, thus under a Power of Attorney your Agent can make that decision for you.
It is do to things like the above I recommend both a Living Will and a Power of Attorney.
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