A common misconception about living wills is that they are the same as, or take the place of, a testamentary will. A living will and a testamentary will are different documents that have different uses. A testamentary will transfers your estate after your death. In contrast, a living will deals only with the issue of life sustaining treatment while you are alive.
Living wills are also different from Durable Powers of Attorney For Health Care (DPOA-HC). A DPOA-HC is a document wherein you give someone else the authority to make a health care decision for you in the event you are unable to make it yourself. A DPOA-HC allows your agent to make a health care decision anytime you cannot. In contrast, a living will is your instruction to the doctor or hospital, in advance of ever being permanently unconscious or in a terminally ill condition. A living will does not rely upon an agent to enforce it.
Guiley & Guiley Co., L.P.A. prepare living wills on a regular basis for individuals. Should you desire a living a will, or wish more information, please contact Guiley & Guiley Co., L.P.A. to set up an appointment.
