What Is a Living Will and Healthcare Power of Attorney—and Who Needs One?

When people think about estate planning, they often focus on what happens after they pass away. Who will receive the house? Who will inherit financial accounts? Who will serve as executor? While these are certainly important questions, a comprehensive estate plan should also address an equally important issue: What happens if you are still alive but unable to make decisions for yourself?

An unexpected accident, illness, or medical emergency can leave an individual temporarily or permanently unable to communicate with doctors or make healthcare decisions. Two important estate planning documents—the Living Will and Healthcare Power of Attorney —allow you to plan for that possibility before an emergency occurs.

Understanding what these documents do, how they differ, and why both are important is an essential part of making sure your wishes are known and your loved ones are prepared.

What Is a Healthcare Power of Attorney in Ohio?

A Healthcare Power of Attorney allows you to designate another person, often referred to as your healthcare agent, to make healthcare decisions on your behalf when you are unable to make those decisions yourself. For example, suppose you are seriously injured in a car accident and are unconscious. Your healthcare agent can communicate with doctors and make healthcare decisions on your behalf while you are unable to do so yourself.

Choosing the right healthcare agent is important. The individual should be someone you trust to understand your wishes, communicate effectively with medical professionals, and make difficult decisions when necessary. Many individuals also designate one or more alternate agents in case their first choice is unavailable or unable to serve.

Importantly, executing a Healthcare Power of Attorney does not mean that you give up control over your own healthcare decisions. So long as you remain able to make your own healthcare decisions, you continue to do so. The document instead provides a plan for who will step in if and when you cannot make those decisions yourself.

What Is a Living Will in Ohio?

A Living Will serves a different purpose. Rather than appointing another individual to make healthcare decisions for you, a Living Will allows you to provide instructions regarding certain end-of-life medical treatment in advance.  

In Ohio, a Living Will generally becomes operative when an individual is unable to make informed healthcare decisions and is in a terminal condition or permanently unconscious state. In those limited circumstances, the document communicates the individual's wishes concerning the use or continuation of life-sustaining treatment.  

Without a Living Will, family members may be placed in the extremely difficult position of trying to determine what their loved one would have wanted during an already emotional situation. A properly prepared Living Will allows you to make your wishes known in advance and can help alleviate that burden on your family.

What Is the Difference Between a Living Will and Healthcare Power of Attorney?

Although a Living Will and Healthcare Power of Attorney both concern medical care, they serve different purposes.

A Healthcare Power of Attorney identifies the person you trust to make healthcare decisions for you when you cannot make them yourself. It can apply to a broad range of healthcare situations, including circumstances that may be temporary.

A Living Will, on the other hand, provides your own instructions regarding certain end-of-life treatment if you are unable to communicate and meet the specific medical circumstances addressed by the document.

For that reason, the two documents are generally intended to work together rather than serve as substitutes for one another. The Healthcare Power of Attorney establishes who will help make decisions if and when necessary, while the Living Will establishes your wishes concerning certain end-of-life care.

Who Needs a Living Will and Healthcare Power of Attorney?

A common misconception is that these documents are only necessary for elderly individuals or people suffering from serious medical conditions. In reality, incapacity can occur unexpectedly at virtually any age.  

Once an individual reaches adulthood, parents and other family members do not necessarily have automatic authority to make every healthcare decision simply because they are the closest relative. Having appropriate documents in place provides clear direction regarding who should act and what your wishes are.

Simply put, every adult should consider having a Living Will and Healthcare Power of Attorney as part of a comprehensive estate plan, regardless of age, health, or financial circumstances.

What Happens If I Don't Have a Living Will or Healthcare Power of Attorney?

Failing to prepare for incapacity can create unnecessary uncertainty and stress for your loved ones during a medical emergency. Family members may disagree over who should make decisions or what treatment an individual would have wanted. Depending upon the circumstances, additional legal proceedings may also become necessary to establish authority to make decisions on behalf of an incapacitated individual.  

A medical emergency is not the ideal time for family members to begin sorting through these questions. Executing a Living Will and Healthcare Power of Attorney in advance can provide clarity for healthcare providers and loved ones while giving you greater control over how important healthcare decisions will be handled if you are unable to communicate your wishes yourself.

Get Started on Your Estate Plan with Plakas Mannos

Estate planning is about more than deciding what happens to your property after your death. A comprehensive estate plan Estate Plan should also protect you during your lifetime and provide a plan in the event that an unexpected illness, injury, or other circumstance leaves you unable to make decisions for yourself.

A Living Will and Healthcare Power of Attorney and Living Will are two important tools for accomplishing that goal. Taking the time to prepare these documents now can help ensure that your wishes are understood while making an already difficult situation easier for your loved ones.

If you do not currently have a Healthcare Power of Attorney or Living Will, or if it has been several years since you reviewed your existing documents, contact the estate planning team at Plakas Mannos at 330-455-6112 to discuss creating or updating your comprehensive estate plan.