When estate planning, you are likely looking for ways to ensure your wishes are respected when you can no longer speak for yourself. Two documents may cause some confusion for you because of their function.
Both the healthcare power of attorney (POA) and the living will fall under the umbrella of “advance directives.” However, they serve very different purposes and cover different stages of medical care.
What is a healthcare POA?
When you sign a healthcare POA in New Jersey, you appoint a specific person to make medical decisions on your behalf. It is one of the most flexible and comprehensive documents because of its broad scope.
Unlike the living will, a healthcare POA is not exclusive to end-of-life situations. When you must undergo surgery or are temporarily unconscious due to an accident, your chosen person (“agent”) steps in. They can consent to medications, choose doctors, authorize tests and even decide on long-term care facilities.
The healthcare POA legally binds your agent to make decisions based on what they believe you want. This document ensures that someone you trust manages your care.
What is a living will?
While the healthcare POA focuses on who makes decisions, a living will focuses on what those decisions should be in specific circumstances. In New Jersey, a living will only takes effect when you are permanently unconscious or suffering from a terminal condition.
The living will specifically addresses situations where you are at the end of your life. When you sign a living will, you provide a directive to your healthcare providers. You may choose to withhold or withdraw life-sustaining treatments when there is no hope of recovery. It is a narrower document designed to respect your medical instructions at the end of your life.
Why You Need Both
If you already have a healthcare POA, you might wonder why you need a living will. In New Jersey, these documents work best together as you plan for your future. Your living will acts as a roadmap for your agent, eliminating the need to guess your end-of-life wishes. On the other hand, if your agent is unavailable during an emergency, a living will can still help providers know how to execute your terminal care.
Both documents provide your family with clarity and peace of mind in uncertain moments. If you have specific family circumstances, you may want to reach out to a legal professional for help in creating an estate plan.
