What is the difference between a living will and a health care proxy?

 

AspectLiving WillHealth Care Proxy (Medical Power of Attorney)
DefinitionA legal document that specifies an individual's wishes regarding medical treatment and end-of-life decisions if they become incapacitated and unable to communicate.A legal document that designates another person (the proxy or agent) to make healthcare decisions on behalf of the individual if they are unable to do so themselves.
Decision-Making AuthorityProvides guidance for specific medical interventions and treatments, such as resuscitation, life support, organ donation, and the use of certain medications.Grants the designated proxy the authority to make a wide range of healthcare decisions, including treatment choices, surgery, and other medical procedures, based on the individual's preferences and values.
Activation ConditionsBecomes effective only when the individual is unable to communicate or make decisions due to incapacity or a terminal condition, as determined by a medical professional.Activated when the individual is unable to make medical decisions due to incapacity or a temporary loss of decision-making capacity, such as being under anesthesia during surgery.
Specific InstructionsTypically includes specific instructions for healthcare providers and family members about the individual's preferences for end-of-life care.Allows the proxy to make decisions based on the individual's known preferences, values, and discussions, but does not necessarily require specific instructions for every medical scenario.
Scope of Decision-MakingPrimarily focuses on end-of-life decisions, such as the withdrawal or withholding of life-sustaining treatments, palliative care, and organ donation.Covers a broader spectrum of healthcare decisions, including routine medical treatments, surgery, medication administration, and emergency care.
Legal RequirementsMay have specific legal requirements, such as witnessing and notarization, depending on the jurisdiction, to ensure its validity.Typically requires the appointment of a healthcare proxy in accordance with state laws, including the completion of legal forms and proper documentation.
TimeframeRemains in effect until the individual revokes or updates it, or until the individual's death.Remains in effect as long as the individual is unable to make healthcare decisions, and it ceases to be effective when the individual regains decision-making capacity.
ApplicabilityApplicable in situations where an individual has clear preferences for end-of-life care and wants those preferences documented legally.Suitable for situations where an individual wants to appoint a trusted person to make healthcare decisions on their behalf, particularly in cases of sudden illness, surgery, or incapacitation.
ComplementarityCan be used in conjunction with a Health Care Proxy to provide specific guidance on end-of-life decisions while designating a proxy for broader medical choices.Can be used in conjunction with a Living Will to ensure that the proxy is aware of the individual's preferences for end-of-life care

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