Question

Distinguish carefully between a living will and a durable power of attorney in health care matters. Make plain what each of these can do, and what it cannot do. Offer a reason to prefer one of these documents over the other.

Answer 1

The two documents are made by a person for considering their health in their last years.

Living will is when a person is sure or has specific interests on how they want to be treated in the end-life, when the person is incapacitated to make a decision. In this the person can state things like- if they want any artificial oxygen or not, what kind of pain medications they want to get, etc.

In this the person has given their decision and the physician or family refers to it. They can not make changes according to themselves.

In other, health care- durable power of attorney, the person making it decides on a person they confide in or trusts. Then that trusted person makes the decision of health care when the person is incapacitated. The trusted person can either make choices that person wanted or what they think is best in the given situation.

In this the person has given someone else a right to take decision on his behalf. The person may choose to act in person's interest or not.

Choosing between them-

A person may choose living will if they are were sure and has certain firm decisions to be taken for self. Nobody can make changes on their part n such a case. This power is not available in attorney.

A person can choose attorney if they have someone who they think will make best decision for them or who is capable for this responsibility. The situations when they are incapacitated might vary and so the decision to be taken might also have to be varied.