Living Wills and Durable Health Care Powers

Question 1

Living Will.

Answer 1

A living will is a document in which one specifies which life-prolonging
measures one does, and does not, want to be taken if one becomes incapacitated.

Question 2

Durable Power of Attorney.

Answer 2

A durable health care power of attorney is a document that enables an individual to designate an agent to act on his behalf in the event that the individual becomes incapacitated.

Generally, the agent is immunized from civil liability for health care decisions that are made in good faith.

Question 3

Execution Requirements for living will and durable POA.

Answer 3

Generally, both the living will and durable power of attorney must be signed, in writing, and witnessed by at least two persons or notarized (similar to executing a will).

Question 4

Who may act as a surrogate decision maker if there is no authorized agent under durable POA?

Answer 4

Family consent laws permit close relatives, typically in the order listed by statute, to act as a surrogate decision maker for an incapacitated patient if there is no authorized agent acting under durable power of attorney.

Question 5

Under typical family consent laws, the priority in which a close relative may act as a surrogate decision maker is as follows:

Answer 5

Spouse (unless legally separated)

Adult child

Parent

Adult brother/sister

NOTE. Generally, if there are multiple members in the same class, a majority of those members must agree on what health care decisions are made.