WHAT IS A LIVING WILL?
A living will gives general healthcare instructions to your doctor or treating physician if you become incapacitated and can’t make those decisions for yourself. If you’re terminally ill and have specific preferences about medical issues, like life-sustaining procedures or life support systems, this document is essential.
WHAT IS A MEDICAL HEALTH CARE PROXY?
A medical health care proxy lets you name an agent to make healthcare decisions for you in the event you are unable to make those decisions for yourself. You can only name one agent for this purpose. You can and generally should name at least one alternate. This document authorizes your agent to discuss your treatment with medical care providers and to make healthcare decisions for you, including decisions about your custody and personal care.
Generally, you should choose a person who is either a family member or a close friend and who is familiar with—and will respect—your wishes. Remember, this document is how you choose for yourself the best person(s) to handle these tasks. With a legal guardianship, a judge chooses for you.
The Health Insurance Portability and Accountability Act (HIPAA) is a federal privacy law that protects your medical records and other health information. Unfortunately, HIPAA rules are complicated and, unless you state otherwise, could prevent healthcare providers from sharing enough information with your attorney-in-fact to make decisions. You can, however, express your wish that your healthcare agent be treated just like you would when it comes to your rights to use and disclose your health information or other medical records.