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An advance medical directive lets you decide now what treatments you will receive if end-of-life medical care becomes necessary. In the event of a health crisis, a person may be too incapacitated to make care decisions, but having a directive in place ensures their wishes are known and respected and that their plans are followed. Below, learn about the differences between advance directives and living wills, the types of directives available, and what a typical one should include.

Differences Between an Advance Directive & Living Will

A living will is one type of advance directive that only addresses the specific conditions and circumstances detailed in the document. However, a medical power of attorney, which is another advance directive, does not have this limitation. A medical power of attorney is a person the patient has appointed to make a wide range of healthcare decisions if the patient cannot make those decisions on their own.

Another key difference between advance directives and living wills is flexibility. A directive can be changed at any time with new preferences—and should be changed as a person ages and their healthcare needs evolve. A living will can be changed, too, but it is a more involved process, in which you have to revoke the old document or draw up an entirely new one.

Types

living wills

In addition to living wills, other types of advance directives include a medical power of attorney, called a health care proxy in New York State. In this arrangement, you name someone to make care decisions on your behalf if the need ever arises. Discuss your wishes with this person now so that they understand what you would want in a variety of different medical scenarios. The power of attorney (PoA) can make decisions on care beyond what is mentioned in a living will.

Another option is a do not resuscitate order. This directive instructs medical staff on whether you want to receive artificial resuscitation measures, like CPR or a defibrillator.

You could also choose a Physician Order for Life-Sustaining Treatment (POLST). This is an agreement between you and your regular medical providers. In it, you outline your preferences for emergency care in an incapacitating health crisis. Unlike other directives, your doctor signs a POLST.

What to Include

Be sure your advance directive includes the exact names of all life-sustaining treatments that you want to receive, and the name of an individual who you authorize to make medical decisions on your behalf. You should also list your preferences for organ donation, but keep in mind that New York State residents interested in a healthcare proxy should follow the directions provided by the Department of Health.

 

When you need assistance drawing up a living will or other directive, contact John E. Bach, Attorney at Law. Attorney Bach has more than 30 years of experience serving the Goshen, NY, area. He offers representation in estate planning, real estate issues, and family law cases. Call (845) 294-7941 or visit his website to schedule a consultation.

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