Does a medical power of attorney override a living Will?
To answer this question, we must first understand what a Medical Power of Attorney (MPA) and a Living Will are. A Living Will is a statement that lists what you want and don’t want if you become incapacitated in the future. This can include anything from your guardian, to what services you are open to receiving. A Living Will may be called by another name depending on the state you are in. A Living Will is not directly related to the conventional Will that is usually used to leave the assets to a beneficiary at the person’s death.
When Does Your Medical Power of Attorney Start Working?
A Medical Power of Attorney (MPA), on the other hand, is a type of Power of Attorney. It is best described as a legal document that allows you to choose one or several people to make your health decisions for you should you ever become incapacitated in the future. The people who receive a MPA are generally called Health Care Agents, and they can either be trusted friends or family members, or a medical professional. If the Health Care Agent is a professional, than it would also be possible for them to get you State Medicaid should you become eligible for it while incapacitated.
Your medical documents come into power when your doctor determines that you are not in the state to decide on your medical health. This includes:
- When you can’t figure out which medical treatment or care is good for you.
- When you cannot communicate your desires for care verbally and or in writing.
One thing to remember is that for both the Living Will and MPA, you will need to be a legal adult. That is, you need to reach the age of 18 to create a MPA or Living Will. Before that age, you remain under the jurisdiction of your parents.
Does a Medical Power of Attorney Have an Effect On the Living Will?
One question you might have is how the MPA and Living Will might conflict with each other as they are both documents that include your healthcare decisions. The short answer is no, for several reasons. First of all, both documents supply additional authorization, meaning different people are in charge of different aspects of your health. Secondly, they come into power at different times. A MPA will come into effect during emergency types of situations. Your Health Care Agent will generally either be making decisions on whether to extend your life or let you pass naturally.
When Does Your Medical Power of Attorney End?
A Court Invalidates Your Documents
Many judges think that the court is not the right place to make medical decisions. That is why, if your will or MPA result in any dispute, then the MPA and Will will both be rejected. You can obtain help from a Legal Help Firm to avoid trouble by keeping your documents valid and accurate.
The Court Revokes the Agent’s Authority
If the court deems your medical agent as irresponsible – for instance, if they believe that he or she is not acting for your benefit or according to your instructions, then the court of anyone else can demand an investigation to be done on the agent.
The Bottom Line
Having a Living Will means being able to rest about any care you will receive if you become incapacitated. Having a MPA will ensure that you will have your life extended in case you are incapaciated – or that you will pass naturally, if that is your decision. However, it is important to make sure that the people carrying out these legal decisions for you are trustworthy, and that’s why we recommend hiring experts or friends and relatives you can trust as your agent.