Living Will Attorney

Advanced Directives

Living wills and power of attorneys are tools that can be used to protect you and your assets while you are still living. You can have separate documents for your healthcare and finances that determine what happens to you or your assets should you become unable to make decisions for yourself. Combined, these documents make up your Advanced Directives which tell your loved ones, living will attorney, and medical providers what you want to happen in the event of an accident or illness.

What is a Living Will?

A living will is a legal document that outlines an individual’s medical care decisions if they should become unable to make them on their own. A living will should be very specific, outlining the type and duration of care the individual wishes to receive. It is provided to medical personnel caring for the individual to follow and only goes into effect if they are alive but unable to make medical decisions.

What is a Power of Attorney?

A power of attorney is used in similar situations as a living will, but rather than outlining their preferred care decisions, the individual will appoint another person to make any medical decisions on their behalf. It is often paired with a living will to ensure that the creator’s wishes for their medical care are carried out as intended, with enforcement by the person’s appointment in a power of attorney.

While a power of attorney may provide various authority to the appointed individual, a common decision this person may need to make is when to discontinue medical care and focus on the quality of life. It can also appoint separate guardians for the individual’s health and financial assets if this is necessary. 

Like a living will, a power of attorney becomes effective when an individual is alive but unable to make medical decisions for themselves. Both documents become void upon the individual’s death.

What is a Durable Power of Attorney?

A durable power of attorney is similar to a power of attorney but handles financial matters. In a durable power of attorney, an individual names another person to handle any financial decisions and tasks while they are still living but unable to make those decisions. It allows some flexibility in the powers assigned to the person by the individual so their abilities can be extremely specific as per the creator’s wishes.

Like the other documents above, a durable power of attorney only becomes active once the individual is unable to manage their financial affairs. If the situation changes, it can also become dormant again while the individual regains power over their financial decision-making.  It also becomes void once the creator passes away.

Some of the benefits of using a durable power of attorney are its flexibility and added privacy. By using a durable power of attorney, you do not need to add, and then possibly remove, additional people to your financial accounts. This document also remains private until it is used, meaning that it can be in place without anyone knowing until it is necessary, and then it is only shown to the people involved. This document needs to be revealed only when property is sold through the durable power of attorney when it must be recorded with appropriate county offices.

Working with Moseman Law Office on your Power of Attorney and Living Will

It is important to work with an experienced professional when putting together a living will or power of attorney. The Living Will Attorney’s at Moseman Law Office have experience preparing these documents and handling all the required details. If you’re looking for some added peace of mind, contact our team at Moseman Law Office today to get started.