Can a power of attorney override a living will?
Can a power of attorney override a living will?
A power of attorney is a legal document that gives another person the right to act on your behalf in financial matters and healthcare decisions. When it comes to medical care, it can be an effective way to ensure that your wishes are carried out, even if you're unable to communicate them. But does a power of attorney override a living will?
A power of attorney can certainly be used in conjunction with a living will. A living will is a legal document where you state your wishes for end-of-life medical treatment. It's not the same thing as a traditional will, which deals with how your property gets distributed after you pass away. A living lets you outline the type of medical treatment you want or don't want when you're on your deathbed and can't speak for yourself. For example, some people might feel strongly about not being put on life support machines and would sign a living will to make sure their wishes are followed once they're incapacitated.
If you have no living will, or if someone with a power of attorney wants to take you off life support, then the hospital staff may ask for permission from the next of kin—the person who's closest to you and is most likely to know what your wishes are.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
