A Living Will is a document that states your preference as to what treatment, surgery, and medications you want and do not want, should you be unable to make such wishes known to your health care provider, doctor, or hospital personnel. A Living Will by itself has no provisions for enforcement in a court. It merely states your wishes. A Health Care Power of Attorney appoints someone as your Agent to make health care decisions for you if you are not able to make them yourself. Under federal law, each hospital must ask each patient at time of admission to the hospital whether the patient has a Health Care Power of Attorney.
Some hospitals provide forms.
One concern is what happens if you do NOT have a health care power of attorney document. In that case, every effort must be taken by the hospital and doctors to keep the patient alive, no matter what. It also may cause court intervention. If you have not appointed someone to act as your Agent, the Court may appoint someone to make decisions for you. Choices may be made by someone appointed by the Court that you may not want.