Living Wills and Durable Power of Attorney: Advance Directive Legisl 2025

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This section of the advance directive form is called a Durable Power of Attorney for Health Care. It lets you appoint a specific person to make health care decisions for you in case you cant make decisions for yourself anymore. This person will be called your Health Care Agent.
A POA generally cannot override an advance directive (also known as a living will).
Even though your living will sets out your medical wishes, it cant cover every circumstance, so its essential to designate a person who has a durable power of attorney for healthcare who can make decisions on your behalf; decisions not covered by your living will.
Can a medical POA override an advance directive? Generally no. An advance directive usually takes precedence since it contains your explicit healthcare wishes. That said, if the documents were executed at different times or contain conflicting instructions, state laws may determine which one to follow.
It is important to note that a power of attorney could revoke the DNR if they believe it best while you are incapacitated. Due to this, it is important to consider a healthcare directive, which will have ultimate authority of your medical care in the event of incapacitation.
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The two documents work together; the advance directive or living will specifies to doctors what care the person wishes to receivewhile in cases of unforeseen choices, where the person did not specify what care they desire, a medical power of attorney is important because it allows the proxy to make a decision based
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
Please keep in mind, if you plan to sign a new Power of Attorney document, doing so does not automatically revoke the old Power of Attorney your new Power of Attorney document will need to contain wording that specifically revokes the previous Power of Attorney, or generally revokes all previous Power of Attorney

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