There’s often confusion over whether these are one and the same. Both provide reassurance and clarity but they do so in very different ways.
As people live longer, more of us are facing questions about what will happen when we, or our relatives, can no longer look after ourselves. Many people are already grappling with this issue – around 20,000 new cases of dementia are diagnosed each year in Scotland alone.
Both powers of attorney (PoAs) and living wills, also known as ‘Advance Medical Directives’, are helpful to families when someone becomes seriously ill, but it’s important to understand the differences between them.
Powers of Attorney
A Power of Attorney is a legal document in which you appoint a trusted person or people to manage your affairs if you cannot do so yourself. There are different types of powers you can give:
- Financial and administrative powers, allowing the attorney to manage practical aspects such as dealing with banks or property.
- Welfare powers, allowing them to make decisions about medical treatment or care.
You can appoint the same person for both or ask different people.
Living Wills
A Living Will sets out what medical treatment or care you want to receive if you lose capacity and can no longer communicate this yourself. For example, you could specify that you do not want to be put on a ventilator.
Unlike a Power of Attorney, a Living Will does not appoint a person to manage your care going forward, and it does not cover financial aspects. And a Living Will is not legally binding in Scotland.
In these respects, Living Wills have clear limitations, but they still have important uses. For example, healthcare professions must still take into account any wishes you express in a Living Will.
In addition, it is helpful for family and friends (and welfare attorneys) to know your wishes, and this can help prevent damaging family arguments about whether, for example, you would wish to be resuscitated.
Thus, Powers of Attorney and Living Wills are different, but they are not ‘either-or’. Neither takes away the anguish of someone losing capacity, but both prevent difficult situations becoming far, far worse.
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