More often than not, two witnesses are required to observe the signing of this legal document. A number of states even necessitate the presence of a Notary Public. Apart from that, the living will should be consistent with the laws of the state on the subject of advance directives.
Since it is a legal document, the health care provider and your immediate family would be compelled to put your wishes into action. On top of that, a living will would certainly guarantee that your decisions about your medical treatment would be respected no matter what happens.
Power of Attorney
A power of attorney used in health care enables you – the creator – to name an advocate in the event of your illness or incapacity. This person would serve as your proxy in the decision-making pertaining to your medical care. Of course, your advocate should have full knowledge of what you intend or desire to happen in case you become too debilitated to actually speak or decide for yourself.
Certain qualifications and conditions must be fulfilled before a person can be named as your advocate. For instance, he or she must be of legal age – eighteen years old and above – and must only have your best interest in mind. You may pick your spouse, son, daughter, sibling, a friend, or any trusted person to act as your health care representative.
In case you want your advocate to be able to decline any medical treatment and permit you to pass away peacefully, you must specifically say so in writing.
Although the drafting of a power of attorney is not necessarily required, you have to remember that the legal authority of your representative will only take effect after you have duly signed the said document.
So choose between living wills and power of attorney, and try to determine which of the two would work best for you.