Living Wills, Advance Healthcare Directives and Durable Powers of Attorney


The Living Will, Durable Power of Attorney (or Revocable Living Trust, if you have a Trust based estate plan) and the appointment of a Healthcare Surrogate are the core documents in your Estate Plan which protect you and your family while you are still alive, but unable to make or communicate your decisions because you are “incapacitated”. That might result from a temporary condition, such as unconsciousness or a stroke which prevents you from being able to communicate, or a permanent condition such as a permanent vegetative state or the last stages of dementia. This outlines some of the issues you should think about when considering how your attorney should draft these documents for you.
A. THE LIVING WILL
B. HEALTH CARE SURROGATE
C. DURABLE POWER OF ATTORNEY
D. MISCELLANEOUS ISSUES