Plan for the Unexpected
No one likes to think about becoming seriously ill or incapacitated, but planning ahead ensures your medical wishes are honored when you're unable to communicate them yourself. A Living Will and Medical Power of Attorney are essential components of any comprehensive estate plan.
These documents work together to ensure that your healthcare decisions reflect your values and preferences, even in the most difficult circumstances. They also provide clarity for your loved ones and healthcare providers during emotionally challenging times.
Our experienced estate planning attorneys in Tacoma, WA, will help you understand your options and create legally binding documents that protect your healthcare wishes.
What is a Living Will?
A Living Will, also known as a Healthcare Directive or Advance Directive, is a legal document that expresses your wishes regarding medical treatment if you become unable to communicate and are facing a terminal condition or permanent unconsciousness.
Unlike a Last Will and Testament (which deals with your property after death), a Living Will takes effect while you're still alive but cannot make decisions for yourself.
A Living Will Typically Addresses:
- Use of life-sustaining treatments (ventilators, feeding tubes)
- Cardiopulmonary resuscitation (CPR) preferences
- Pain management and comfort care
- Organ and tissue donation
- Dialysis and other life-prolonging treatments
What is a Medical Power of Attorney?
A Medical Power of Attorney (also called a Healthcare Power of Attorney or Healthcare Proxy) is a legal document that designates someone to make healthcare decisions on your behalf if you become unable to make them yourself.
The person you designate is called your "healthcare agent" or "healthcare proxy." This person will communicate with doctors, review medical records, and make treatment decisions according to your wishes and values.
Your Healthcare Agent Can:
- Consent to or refuse medical treatments
- Choose doctors and healthcare facilities
- Access your medical records
- Make decisions about life-sustaining treatment
- Authorize organ donation (if you haven't specified)
- Make decisions about pain management and comfort care
Living Will vs. Medical Power of Attorney
While both documents deal with healthcare decisions, they serve different purposes and work best when used together.
Living Will
- What it does: Provides specific instructions about the types of medical treatment you do or don't want
- When it applies: Only when you're terminally ill or permanently unconscious
- Limitation: Cannot anticipate every possible medical situation
- Speaks for you: Directly to healthcare providers through written instructions
Medical Power of Attorney
- What it does: Designates a person to make healthcare decisions on your behalf
- When it applies: Whenever you're unable to make decisions, regardless of your condition
- Advantage: Your agent can respond to unexpected situations
- Speaks for you: Through a trusted person who knows your values
Our Recommendation: We strongly recommend having both a Living Will and a Medical Power of Attorney. The Living Will provides specific guidance for end-of-life situations, while the Medical Power of Attorney ensures someone you trust can make decisions in any healthcare scenario not covered by your Living Will.
Choosing Your Healthcare Agent
Selecting the right person to make healthcare decisions on your behalf is one of the most important choices you'll make. Consider these factors:
Trustworthiness
Choose someone who will honor your wishes even if they personally disagree with your decisions.
Availability
Your agent should be readily available and able to travel to your location if needed.
Communication Skills
They should be able to communicate effectively with doctors and advocate for your care.
Emotional Strength
Making end-of-life decisions is emotionally difficult. Choose someone who can handle this responsibility.
Understanding of Your Values
Choose someone who understands your beliefs about quality of life, medical intervention, and end-of-life care.
Willingness to Serve
Make sure the person you choose is willing to take on this responsibility before naming them.
Always name at least one alternate healthcare agent in case your primary choice is unavailable or unable to serve.
Washington State Requirements
Washington State has specific requirements for Healthcare Directives to be legally valid:
- You must be at least 18 years old and of sound mind
- The document must be in writing
- You must sign the document (or have someone sign on your behalf)
- Two witnesses must sign, confirming you appeared to be of sound mind
- Witnesses cannot be your healthcare agent, healthcare provider, or someone who would inherit from you
While notarization is not required in Washington, it can help avoid challenges to your documents and may be required if you travel or move to another state.
Frequently Asked Questions
Is a Living Will the same as a DNR order?
Can I change or revoke my Living Will or Medical POA?
What's the difference between a Medical POA and a regular Power of Attorney?
What if my healthcare agent isn't available when needed?
When should I create these documents?
Complete Your Healthcare Planning
Healthcare directives are an important part of a comprehensive estate plan. Consider these related services: