Legal Question in Health Care Law in Virginia

Hi, i am a first year nursing student in Virginia and have a quesiton about living wills vs durable power of attorney. Does a durable power of attorney supercede a living will? We are hearing about instances were a patient has a living will and someone has durable power ot attorney and they make the decision over the living will. What is point of a living will if the person you elect to speak to you does not respect your wishes? I could not seem to find much about the legalities in my research and hope that someone can clarify whose has more authority the person themselves via the living will or the person who has durable power of attorney. Thanks in advance for your time and response.

Asked on 9/21/09, 6:40 am

Michael Hendrickson Law Office Michael E. Hendrickson

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If the so-called living will is in the form of an Advanced Medical Directive and properly executed, it should take precedence over the durable POA.

Answered on 9/29/09, 5:34 am

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