You Need a Living Will or Medical Power of Attorney: Why Advance Healthcare Planning Matters

No one wants to think about a time when they might be unable to make decisions for themselves. But life is unpredictable, and accidents, serious illness, or sudden medical emergencies can happen at any age. That’s why creating a living will and a medical power of attorney is one of the most responsible and compassionate decisions you can make—for yourself and for your loved ones.

These essential documents give clear instructions about your healthcare preferences and designate someone you trust to speak on your behalf if you can’t. Without them, your medical care could be decided by hospital policies, state law, or family members who may disagree or not know your wishes.

This guide will help you understand what a living will and medical power of attorney are, why they matter, and how to create them.

What Is a Living Will?

A living will is a legal document that outlines your wishes regarding life-sustaining medical treatment in the event that you become incapacitated and are unable to communicate your preferences.

A living will covers decisions such as:

• Whether you want to be kept alive by artificial ventilation
• Whether to receive CPR or resuscitation if your heart stops
• Whether to be provided with feeding tubes or hydration
• Pain management preferences
• Use of experimental treatments
• End-of-life comfort measures

It only goes into effect if you're unable to speak for yourself, typically due to unconsciousness, coma, severe illness, or injury.

What Is a Medical Power of Attorney?

A medical power of attorney (MPOA)—sometimes called a healthcare proxy—is a document that appoints someone to make healthcare decisions on your behalf if you become incapacitated.

This person is known as your healthcare agent or surrogate and may be authorized to:

• Approve or decline medical treatments
• Choose hospitals, doctors, or facilities
• Access your medical records
• Make end-of-life decisions based on your values and preferences

Your healthcare agent should be someone you trust completely and who understands your healthcare beliefs. This could be a spouse, adult child, sibling, close friend, or another relative.

Why You Need Both Documents

While they are often created together, a living will and medical power of attorney serve different purposes:

• A living will specifies what you want.
• A medical power of attorney appoints who will decide.

Having both ensures that your wishes are known and that someone is empowered to carry them out—even in situations your living will doesn't specifically address.

For example: your living will may say you don't want life support if you're in a vegetative state. But what if you're temporarily unconscious after a car accident and decisions about emergency surgery must be made? That’s where your medical power of attorney steps in.

What Happens If You Don’t Have One?

If you don’t have these documents and you become unable to make decisions for yourself, the state will follow a default order of next of kin to make decisions for you. This typically includes:

1. Spouse or domestic partner
2. Adult children
3. Parents
4. Siblings
5. Other relatives

If your family members disagree or there is no clear next of kin, medical decisions could be delayed or made by hospital staff or a court-appointed guardian. This can cause emotional distress, conflict, or even decisions that go against your values.

When Should You Create These Documents?

The best time to create a living will and medical power of attorney is now—not after a diagnosis, hospitalization, or health scare. These documents are appropriate for:

• Adults of all ages, not just seniors
• People with chronic illnesses or high-risk conditions
• Individuals undergoing major surgery
• Parents who want to plan for unexpected emergencies
• Anyone who wants to make their healthcare wishes known

Remember, these are not just for end-of-life care. They’re tools for any medical situation where you're temporarily or permanently unable to communicate.

What to Consider Before You Draft

Before you create your documents, take time to reflect on your preferences:

• How do you feel about life support, feeding tubes, and resuscitation?
• Would you want aggressive treatment, even if it only prolongs life by a short time?
• Do you have religious or moral beliefs that affect your care choices?
• Do you want to donate your organs?
• Who do you trust to advocate for you under pressure?

Having these conversations with your chosen healthcare agent (and your family) ahead of time can make all the difference later.

How to Create a Living Will and Medical Power of Attorney

Creating these documents is usually straightforward and relatively inexpensive. Here's how to get started:

1. Find out your state’s requirements – Forms and rules vary by state. Some require notarization or witnesses.
2. Use reputable resources or professionals – You can find official forms through your state’s health department, attorney general’s office, or through estate planning attorneys.
3. Clearly state your preferences – Use language that is direct and specific (e.g., “I do not want CPR if I am terminally ill and unresponsive”).
4. Name a healthcare agent – Choose someone you trust, and name one or two alternates in case your first choice is unavailable.
5. Sign, date, and notarize – Follow your state’s requirements for signing and witnessing. Some states require a notary; others just need two adult witnesses.
6. Distribute copies – Give copies to your healthcare agent, primary care physician, family members, and keep a copy for yourself. Some people also keep a copy in their hospital go-bag or medical file.
7. Register your documents – Some states have advance directive registries where your documents can be securely stored and accessed by hospitals if needed.

Revisit Your Directives Periodically

Your preferences may change over time. It’s important to review and update your documents:

• After a major life event (marriage, divorce, birth of a child)
• After a new diagnosis or health event
• If your chosen healthcare agent becomes unavailable
• Every few years, even if nothing has changed

Keeping your documents current ensures that your wishes are honored when it matters most.

Final Thoughts

Creating a living will and medical power of attorney isn’t just about preparing for the worst—it’s about giving yourself and your loved ones peace of mind. It’s a way to maintain control over your medical care, avoid confusion or family conflict, and ensure that your values are respected no matter what happens.

You deserve to have a say in your care, even when you can’t speak. Advance directives make that possible.

Don’t Be Afraid To Get Help

If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.