The Living Will expresses an individual’s intent on the date it is signed; it does not allow another individual to make a different decision based upon medical information at a different time. The Living Will only becomes operative when death is imminent and the application of death delaying procedures serves only to prolong the dying process.
The Health Care Power of Attorney is the appointment of an individual by a principal to act as agent in the event the principal is no longer able to act for himself or herself. The agent makes decisions the principal cannot make, including the decision to terminate life sustaining treatment. The agent can thus discuss medical issues with medical providers at any time while the power is effective. The principal also has the power to limit the decision-making authority of the agent in the Power of Attorney.
The Health Care Power of Attorney is thus generally regarded as a more desirable estate planning strategy.