Living Will vs Advance Directive: Understanding Your Options
Understanding living wills and advance directives is vital for ensuring your healthcare wishes are honored. However, a study published by Health Affairs found that only about 37% of U.S. adults had completed an advance directive, with just 29% having a living will.
In this article, we'll explain a living will vs advance directives in simple terms. We'll show you how they can help you make sure your healthcare wishes are followed, even if you can't speak for yourself. By the end, you'll be able to choose what's best for your circumstances.
What is a Living Will?
A living will is a legal document that lets you explain what kind of medical care you want if you're ever unable to speak for yourself. It focuses on specific treatments, like whether you want to:
- Be kept on life support
- Receive a feeding tube
- Be resuscitated in an emergency
By putting these advance care planning instructions in writing, you make sure your wishes are clear to your doctors and loved ones. A living will only takes effect if you're unable to communicate and facing a serious medical situation, like being in a coma or having a terminal illness.
It doesn't cover everyday living decisions or healthcare situations where you can still express your preferences. This makes it a very focused document, designed for critical moments when your voice can't be heard.
When creating a living will, you'll need to think carefully about your values and what matters most to you. It's not always easy to make these choices, but having them written down can prevent confusion and disagreements later.
What are Advance Directives?
An advance directive is a broader term that covers several types of legal documents related to your future healthcare. Unlike a living will, which focuses on specific medical treatments, an advance directive can include a range of instructions and preferences. Making this a great document to have when estate planning for aging adults.
Your advance directive acts as a comprehensive guide for your medical care, covering both critical and everyday health decisions. You can include information about your:
- Values
- Religious beliefs
- Quality of life preferences
Advance directives also have more flexibility than living wills, allowing you to address a wider variety of situations. For example, you can specify your preferences for:
- Pain management
- Organ donation
- Even where you'd like to receive care
The Role of Medical Power of Attorney
By designating someone as your medical power of attorney, you're choosing a trusted person to make healthcare decisions for you when you can't. Your chosen representative becomes your voice in medical matters if you're unable to communicate.
When selecting your healthcare proxy or agent, pick someone who knows you well and understands your values. You'll want to choose a person who can handle the responsibility and make tough decisions under pressure. It's important to have open conversations with your chosen agent about your wishes so they feel prepared to act on your behalf.
Your medical power of attorney can step in for both major and minor healthcare decisions. This includes:
- Consulting with doctors
- Choosing between treatment options
- Deciding where you receive care
By having this person in place, you ensure that someone you trust is looking out for your best interests, even when you can't advocate for yourself.
Living Will vs Advance Directive: Main Differences
In Cedarburg, WI, an advance directive is a broader term that includes both the living will (called a "declaration to physicians" in the state) and the power of attorney for healthcare. Your advance directive allows you to plan for a wider range of health situations, not just end-of-life care.
Wisconsin law recognizes both types of documents, but they serve different purposes in your healthcare planning. Your living will (declaration to physicians), specifically outlines your wishes for life-sustaining treatments in terminal conditions. The power of attorney for healthcare, on the other hand, appoints someone to make medical decisions for you in any situation where you can't speak for yourself.
By having both senior legal documents, you're better prepared for various health scenarios. This combination offers you more comprehensive protection and peace of mind.
How to Create and Implement These Documents
In Wisconsin, you can use state-approved forms to draft your living will (called a "declaration to physicians") and your power of attorney for healthcare. These forms are available online or through:
- Healthcare providers
- Legal professionals
- Organizations like the Wisconsin Department of Health Services
To make these documents legally valid, you'll need to sign them in front of two witnesses who meet Wisconsin's requirements. Witnesses cannot be:
- Related to you
- Financially responsible for your care
- Directly involved in your medical treatment
Once signed, make sure to share copies with your healthcare team and family members so they know your wishes.
Including Both with Overall Estate Planning
When planning for your future, an advance directive should be part of a larger estate plan. An estate plan for aging adults is like a puzzle. Your advance directive is an important piece that fits alongside your will, trusts, and other legal documents. By coordinating all these elements, you ensure that your wishes are respected for both your health care and your property.
Remember that your advance directive and estate plan may need to be updated as your life changes. This includes major life events like:
- Getting married
- Having children
- Moving to a new home
Wisconsin law allows you to change or revoke your advance directive at any time, as long as you're of sound mind. So keeping your plans up-to-date helps ensure they always reflect your current wishes and situation.
Where Care Meets Community
Planning for your future healthcare is an important step in taking control of your life. That's why understanding the difference between a living will vs advance directive helps you make informed decisions about your care.
If you're looking for a community that understands the importance of personalized care and respects your choices, look no further than LakeHouse Cedarburg.
Our location in the heart of Cedarburg, WI, means you'll be close to family and the town's charming historic district. Take the next step in your care planning journey and schedule a visit to LakeHouse Cedarburg today.