Living Will OR Healthcare Power of Attorney: Do I Need One (or Both)?
Have you ever thought to yourself, “What do I want my care to look like if I were in a terminal condition or permanently unconscious?” I’m guessing probably not. I mean, that is not a topic that I’m typically mulling over in my head (usually it’s, “What am I making for dinner”, or “What is my next DIY project??”). Let’s be honest, this topic isn’t exactly at the top of the list for conversation starters at dinner parties or date nights either, but, unfortunately, it is something that all of us should consider at some point.
As my 15-year-old would say, we all wear “plot armor” in the story of our lives. However, whether we like it or not, our lives are not a fictional story where the main character, you, is always protected from harm so the plot may continue. Nobody knows when an emergency, accident, or illness will derail our story. So, if something unexpected can happen to any of us at any time, no matter how thick your armor is, what can you do? Thankfully, there are a few things you can do to prepare for the unexpected.
What is a Living Will?
You may have heard of a Living Will. Let’s be real here - have you ever gone into a hospital or medical facility for a minor procedure, and they ask, “Do you have a Living Will?” Have you stared blankly at them, confused by this question? Did you ask yourself, “I don’t know, do I need one?!?” Believe me, you’re not alone - I’ve done the same thing!
Okay, so what is a Living Will? A Living Will allows you to direct that life-sustaining treatment should be withdrawn or withheld if you can’t make medical decisions. Under Ohio law, a Living Will would only come into play when you have a terminal condition or are permanently unconscious. Wow, that is a heavy decision, am I right?
When considering whether a Living Will is right for you, weighing the advantages and disadvantages is important. One disadvantage is that a Living Will is limited in scope. What if you’re not able to direct healthcare decisions, but you’re not permanently unconscious or don’t have a terminal condition? Think about it (cue Jeopardy! music)... yes, you’re correct - it’s the HealthCare Power of Attorney!
What is a Healthcare Power of Attorney?
A Healthcare Power of Attorney allows you to designate an Agent (and Alternate Agents) to make medical decisions for you if you’re incapacitated - meaning you’re not capable of making your own medical decisions, which could be temporary. Of course, your agent should be someone you trust that would act in your best interest.
Deep breath…Yes, it’s a lot to think about. But, it’s never a bad time to prepare for emergency situations (when there’s a crack in your armor), so you can have some peace of mind now.
Contact Ballinger Legal today to discuss your options.
The information provided in this blog is for informational purposes only and does not constitute legal advice.
