Living Wills and Power of Attorneys, Research Paper Example

A power of attorney (POA) is a written authorization from an individual that designates a named person to represent or act on the former person’s behalf in matters such as business, private affairs or some other form of legal issues. The person who authorizes such an act is called the principal or donor while the designated person who is granted authority is called the agent or attorney (Cornell University of Law School, 2010). There are different types of POA but the Healthcare Power of Attorney is particularly relevant in our field of study. In this case, the principal designates an agent to decide on health care issues which may include consenting to treatment, refusal to consent or by withdrawing consent (American Bar Association, 1991).

In contrast to the health care power of attorney, a living will is a written statement of an individual regarding his personal wishes on health care and other such related issues (Annas, 1991). It is prepared in advance and particularly, it states the actions to be taken in the event that the individual loses the capacity to make decisions or at such a time when they succumb to a serious illness.

The significance of these two types of advanced directives cannot be denied, especially in this day and age. First, health care preferences of the individual are given priority and these two documents ensure that the personal wishes of the principal are followed through. Second, wishes of the principal are stated in clear terms and spare unnecessary family fights and bickering over the situation. Furthermore, a primary benefit of a special power of attorney is the ability of the appointed agent to make decisions during actual scenarios.

A living will is an important document and although it is not necessary to have an attorney to write it up, it is advisable that an attorney, at least creates the draft due to its significance. An attorney would also be able to update the living will and making sure it remains valid and in compliance with the current legislation.

References

American Bar Association (1991) Patient Self-Determination Act: State Law Guide. American Bar Association Commission on Legal Problems of the Elderly.

Annas, George J. (1991) The Health Care Proxy and the Living Will. New England Journal of Medicine. 324(17 2):1210.

Cornell University of Law School (2010). Power of attorney. Accessed 23-Feb-2012 from http://www.law.cornell.edu/wex/power_of_attorney