Durable power of attorney vs living will. I read that a living will

may not be enough and that you need a durable power of attorney. This is what I have for my mother who has Alzheimer's--it gives me the power to make medical decisions. So you may want to do some research on this; a living will may not be enough according to the circumstances.

and a will.

All done by an attorney.

throat is legally binding. :-)

such as authorizing surgery, hospitalization, etc. It means that you make the day to day health care decisions for the person executing said Power. BUT, a Durable Power of Attorney for Health Care does NOT include power for denying life support, resusciation, etc.

The "living will" covers the ground that the Power of Attorney does not.

To be honest, there are really four documents everyone should have, a Last Will and Testament, a Durable Power of Attorney, a Durable Power of Attorney for Health Care, and a Living Will.

The regular will takes care of distribution of property, care of your dependent children, etc.

The Durable Power of Attorney grants your appointee the right to make financial decisions and transactions on your behalf should you become incapacitated.

The Durable Power of Attorney for Health Care is similar, but allows your appointee to make health care decisions on your behalf such as authorizing additional medications, surgeries, hospital transfers and other medical procedures. This does not cover heroic measures and life support in most circumstances.

The Living Will usually contains the instructions should you be in a situation with no chance of recovery.

Just the scoop from someone who used to be a paralegal with an estate planning lawfirm in California. I'm not an attorney, and laws do vary from state to state.

will follow your wishes. I actually listed 2 people as my DPA just to make sure that my wishes are fulfilled - that was at the request of my attorney...also just in case one of them listed dies or is unable to speak for you.

Power of Attorney that DUer's could just print off, sign and notarize. This will give them immediate protection without going through legal maneuvers. If they decide in the future it's not adequate it can just be discarded and replaced by a revised or more involved one. Many more people would sign now while the topic is on top of the news. If people think they have to hire a lawyer first...they may procrastinate and not sign one. Both documents can be simple one page forms that can be printed right from here.

I'd post my copies here but don't have the computer skills needed...but maybe someone out there can do this as a favor for our DU family.

Maybe that should be posted as a seperate thread.

A lawyer might not be necessary, but research needs to be done.

Especially now that relatives who disagree will have more power. If the family was in harmony, I'd bet the "simpler" documents would work. But if some relatives decide to fight a decision, better written documents might help.

yesterday OldLeftieLawyer posted just such a thread with a link to her free 'Durable Health Care Power of Attorney'... she gives all the instructions to complete it, and its free! Thanks again OldLeftieLawyer!

link:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x3320948