Legal Question in Wills and Trusts in Kentucky
Power of Attorneys
Is there a difference between a medical power of attorney and a living will? My husband is deploying to Iraq, and they recommend he has one. However, I have seen multiple places say that they are the same thing. Could you please help?
1 Answer from Attorneys
Re: Power of Attorneys
Technically, a "medical power of attorney" and "Living Will" can be considered the same in a lot of respects. The Living Will is more of a directive on how to handle the dying process and is used to give directions on if you want to be kept artifically alive, etc. A "Power of Attorney" allows someone to act in your place. They are generally used to allow acess to bank accounts and give authority to conduct business affairs but can be extended to grant someone the authority to authorize medical care, etc. In your situation I would think that your husband should appoint you as his "General Power of Attorney" which would give you authority to act on his behalf. This can be made a "durable" power of attorney by providing in the document that it will still be good during any period of disability that he may suffer. My own preference is to have both a durable power of attorney which allows medical authorizations along with business affairs and a living will. This covers all bases. DO NOT USE A FORM PROVIDED BY SOMEONE. Go to a local attorney and they will be able to draw up the correct documents that will cover your individual needs. You might also consider having a will made and if you already have a will, review it. Good Luck.