Living Wills

In addition to a Health Care Power of Attorney, another document, known as a Living Will, is used to plan future health care choices. The Health Care Power of Attorney and the Living Will are called advance directives. A Living Will sets out medical treatments you choose to have, as well as the procedures or treatments you do not want to have in some or all circumstances. Note that a Living Will is different than a Last Will and Testament. A Living Will is instructions for your doctor, while you are still alive. A Last Will and Testament is instructions to your personal representative and the probate court, only to be used after your death.

A Living Will is different from a Health Care Power of Attorney in that the Living Will does not appoint another person to speak for you. It speaks for you in writing. While a Health Care Power of Attorney can include written instructions for your patient advocate to follow, the choices do not have to be included for the Health Care Power of Attorney to be used. If a Living Will also includes your choice as patient advocate, it automatically becomes a Health Care Power of Attorney and must follow the state law requirements for witnesses, required language, etc. Since a Health Care Power of Attorney form is widely available, and is enforceable by Michigan statute, it is the smartest choice if you are concerned about these issues.

Excerpted with permission from Advancing Smartly: A Legal Handbook for Michigan Women Age 60+. Published by Elder Law of Michigan (www.elderslaw.org)