Aspect | Living Will | Health Care Proxy (Medical Power of Attorney) |
---|---|---|
Definition | A 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 Authority | Provides 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 Conditions | Becomes 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 Instructions | Typically 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-Making | Primarily 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 Requirements | May 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. |
Timeframe | Remains 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. |
Applicability | Applicable 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. |
Complementarity | Can 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 |