One important area to consider when making an estate plan is how you want to make decisions about your future medical care, potentially including end-of-life care. There is a chance that you could be incapacitated. This can happen due to sudden injury or the onset of a condition like a stroke or a heart attack, or it could happen over time with the development of certain mental conditions, such as dementia or Alzheimer’s.
Either way, one option is to use a living will and list out your preferences for future medical treatment. People sometimes decide that they do not want to be kept on life support under any circumstances, for example, or that they do not want to be resuscitated. You can put these types of decisions in a living will, which your doctors can then consult if you are incapacitated and they cannot ask you about your preferences.
How is a power of attorney different?
The other option is using a medical power of attorney. This still addresses your future medical care, but it does so differently.
With a power of attorney, you do not have to make any concrete decisions in advance, and you are not leaving instructions for your doctor. Instead, you choose a medical agent. The power of attorney then authorizes them to make your medical decisions if you are incapacitated and cannot do so on your own.
One of the advantages of a power of attorney over a living will is that this allows for more flexibility. Your agent can talk to your medical team at the time that you need care and make the best possible decision based on the information they have available to them.
Either of these documents can be beneficial, so just take the time to carefully consider all of your options when drafting an estate plan.