The Difference Between a Living Will and a Health Care Power of Attorney

Author

Safe Harbor Law Firm

Posted on

Jun 09, 2021

Book/Edition

Florida - Southwest

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Many people are confused about the difference between a living will and a healthcare power of attorney. A living will specifies life prolonging treatments you do or do not want in the event you either suffer from a terminal illness or are in a permanent vegetative state. It does not become effective unless you are incapacitated and, generally, requires certification by your doctor, and another doctor, that you are either suffering from a terminal illness or have been rendered permanently unconscious. So if you suffer a heart attack, for instance, but do not have a terminal illness or are not in a permanent state of unconsciousness, a living will does not have any effect. You would still be resuscitated, even if you had a living will indicating that you don't want life prolonging procedures. A living will is only used when your ultimate recovery is hopeless.
For situations where you are incapacitated and unable to speak for yourself, but your condition is not dire enough to make your living will effective, you should have a health care power of attorney or health care proxy. A health care power of attorney is a legal document that gives someone else the authority to make health care decisions for you in the event you are incapacitated. The person you designate to make these decisions on your behalf will do so based upon what you would want, so of course you must be sure to talk with them in great detail about your wishes.
Another way to think about a living will
We sometimes refer to a living will as a Love Letter. What do we mean by that? By making your health care wishes known and clearly describing them to your family, you not only ensure your desires will be carried out, you also spare your loved ones the trauma of having to make a critical medical decision on their own. Even though your ultimate recovery may be hopeless, making critical medical decisions can lead to infighting and permanently damage relationships between family members; stressful battles between hospital staff and family; and haunt your loved ones with guilt for years to come.
In effect, a living will is a final, thoughtful expression of love for your family and your hopes for their emotional well-being in the future. Of course, a living will cant do any good unless your physician and loved ones know about it. This may be a very difficult conversation to have, especially with your family, but letting them know what you want, and why, truly lessens their burden and helps them come to terms with your desires in advance and with minimal stress. We have the experience and understanding to counsel you on the best ways to begin such a conversation, and then, design an effective living will capable of ensuring your wishes are carried out and protecting your family emotionally.
We invite you to contact us, click the link above, at your earliest convenience to discuss your unique needs and goals.

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Understanding Guardianship

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Safe Harbor Law Firm

Elder Law 4500 Executive Drive, Naples, Florida, 34119

At Safe Harbor Law Firm (formally known as Buff Law Firm PLLC), we focus on estate planning, elder law, and closely related practice areas. Our true focus, however, is helping families plan for and take control of their future. This can involve:Ensuring your assets will go to the people you want, when you want, in the manner you want after you pass awayPreparing for the possibility that you or your spouse will need expensive long-term careand helping you find ways to pay for itEnsuring that people you trust have the authority to make financial and medical decisions on your behalf in the event of incapacityProtecting your assets and those of your heirs against threats such as creditors, lawsuits, divorce, the high cost of long-term care, and moreGuiding your loved ones through the probate and/or trust administration processSafe Harbor Law Firm has helped families from all walks of life find solutions to challenges like these and many more. We welcome the opportunity to do the same for you. Ultimately, our goal is to help you enjoy the peace of mind that comes from having a plan in place for the future. We invite you to contact us for a personal meeting to discuss your particular needs and goals.EXPERT ATTORNEYSMeet the TeamPam Buff Baker, Esq.Attorney & FounderAbout Mrs. BakerPam Buff Baker, Esq., owner and founder of Safe Harbor Law Firm works closely with clients to meet their legal needs. In particular, Pam works in all areas of Estate Planning, Elder Law, Probate and Trust Administration. Pam was recognized by Naples Illustrated in 2021 and 2022 as a Top Lawyer in Trusts and Estates to include 2023. She is also a member of the nationwide organization, Lawyers with Purpose, an organization solely focused on helping seniors. Safe Harbor Law Firm serves clients at their offices in Naples and Bonita Springs.Pam graduated magna cum laude from Tulane University, having majored in chemical engineering. Since graduating from Tulane, Pam has worked in sales, marketing, and technical support for Eka Chemicals (part of Akzo Nobel), a company division that supplies water purification and treatment systems. Later, Pam moved to Naples, Florida. Since then, Pam graduated summa cum laude from Ave Maria School of Law, where she was Associate Editor of the Law Review and a full academic scholarship recipient. During her time at Ave Maria School of Law, Pam worked in the legal department of Arthrex and interned for several local law firms. Pam is a champion golfer, having been a varsity player at Tulane, inducted into the Hall of Fame. She was an All-American golfer, three-time conference champion, conference player of the year, and student athlete of the year. When she has free time, Pam likes to play golf and go to the beach and pool with her family, including her three children ages 4, 14, and 16. Originally from the Chicago area, Pam has lived year-round in Naples, Florida since 2005.Helen Mena, Esq.AttorneyThomas Tom LaTorre, Esq.AttorneyBrittany Cocchieri, Esq.AttorneyKatherine ReillyMarketing DirectorBryan D. WoulasDirector of OperationsAndy C. BakerFirm AdministratorKelly FinckProbate and Estate Planning Legal AssistantJessica MaristanyClient Services CoordinatorBreanna CanningFunding and Medicaid ParalegalRuth DavisClient Service CoordinatorJacqui CalmaAdministrative AssistantGabby AngExecutive AssistantMackenzie McTeviaClient Services Coordinator

Safe Harbor Law Firm

Estate Planning 4500 Executive Drive, Naples, Florida, 34119

Pam Buff Baker, Esq., owner and founder of Safe Harbor Law Firm works closely with clients to meet their legal needs. In particular, Pam works in all areas of Estate Planning, Elder Law, Probate and Trust Administration. Pam graduated magna cum laude from Tulane University, having majored in chemical engineering. Since graduating from Tulane, Pam has worked in sales, marketing, and technical support for Eka Chemicals (part of Akzo Nobel), a company division that supplies water purification and treatment systems. Later, Pam moved to Naples, Florida. Since then, Pam graduated summa cum laude from Ave Maria School of Law, where she was Associate Editor of the Law Review and a scholarship winner. During her time at Ave Maria School of Law, Pam worked in the legal department of Arthrex and interned for several local law firms. Pam is a champion golfer, having been a varsity player at Tulane, inducted into the Hall of Fame. She was an All-American golfer, three-time conference champion, conference player of the year, and student athlete of the year. When she has free time, Pam likes to play golf and go to the beach and pool with her family. Originally from Chicago, Pam has lived year-round in Naples, Florida since 2005.

Safe Harbor Law Firm

Elder Care Planning & Consulting 4500 Executive Drive, Naples, Florida, 34119

Pam Buff Baker, Esq., owner and founder of Safe Harbor Law Firm works closely with clients to meet their legal needs. In particular, Pam works in all areas of Estate Planning, Elder Law, Probate and Trust Administration. Pam graduated magna cum laude from Tulane University, having majored in chemical engineering. Since graduating from Tulane, Pam has worked in sales, marketing, and technical support for Eka Chemicals (part of Akzo Nobel), a company division that supplies water purification and treatment systems. Later, Pam moved to Naples, Florida. Since then, Pam graduated summa cum laude from Ave Maria School of Law, where she was Associate Editor of the Law Review and a scholarship winner. During her time at Ave Maria School of Law, Pam worked in the legal department of Arthrex and interned for several local law firms. Pam is a champion golfer, having been a varsity player at Tulane, inducted into the Hall of Fame. She was an All-American golfer, three-time conference champion, conference player of the year, and student athlete of the year. When she has free time, Pam likes to play golf and go to the beach and pool with her family. Originally from Chicago, Pam has lived year-round in Naples, Florida since 2005.