Choosing the right documents for your future care
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A living will and a durable power of attorney for health care both help make sure your wishes are followed when you can’t speak for yourself. A living will puts specific treatments in writing. A durable power of attorney names a trusted person to make decisions on your behalf. Many people have both because each covers different situations.
Why these documents matter
When tía María was diagnosed with a brain tumour, she had taken time to fill out a living will. She wrote that she did not want to be kept alive on machines if there was no hope of recovery. They thought they were prepared. Then her condition worsened, and doctors asked about a new treatment that wasn’t covered by her will. They didn’t know who she wanted to decide. A durable power of attorney would have let her choose someone to speak for her in those unexpected moments. It was a painful lesson: documents can’t predict every scenario. Naming a health care proxy would have saved them from having to guess.
Both living wills and durable powers of attorney for health care are types of advance directives.
They give you control over your care and spare loved ones from making impossible choices without guidance.
What is a living will?
A living will is a written document that states which medical treatments you want—or don’t want—if you can’t communicate. Examples include whether you want to be on a ventilator, receive artificial nutrition or hydration, or be resuscitated. This document only takes effect when you are unable to speak for yourself. It is usually specific to end of life or irreversible conditions.
- Pros: Clear guidance for specific treatments; reduces guesswork; no need to involve another person in the moment.
- Cons: It can’t anticipate every situation; if you don’t revisit it, your wishes may become outdated.
What is a durable power of attorney for health care?
Also called a health care proxy, this document lets you appoint someone you trust to make medical decisions if you’re unable to. It doesn’t spell out every treatment. Instead, it authorizes your proxy to discuss options with doctors and choose care that aligns with your values.
- Pros: Flexible; covers unanticipated scenarios; allows real‑time decisions based on changing information; your proxy can advocate for you.
- Cons: Requires choosing someone willing and able to take on this role; that person may feel pressure if your wishes aren’t clear.
How they compare
Which should you choose?
For most people, having both provides the most protection. A living will captures your firm preferences. A durable power of attorney allows someone who knows you to handle decisions that can’t be predicted. If you’re uncomfortable naming a proxy, a living will alone is better than nothing. If you feel more comfortable with a trusted person speaking for you, you might prioritise the power of attorney. Talk with your family and doctor to decide what feels right.
How to create these documents
- Reflect on your values. Think about what makes life worth living for you.
- Discuss your wishes. Talk with loved ones about your values and what matters most.
- Choose a health care proxy. Pick someone who knows you well, understands your beliefs and is willing to advocate for your wishes.
- Find your state’s forms. Many states provide free templates for living wills and durable powers of attorney. Hospitals and the National Institute on Aging’s website are good places to start.
- Fill them out. Use clear language. Some forms require witnesses or notarization.
- Share and store them. Give copies to your proxy, family and doctor. Keep the originals in a safe but accessible place.
- Review periodically. Revisit your documents every few years or after major life changes.
Frequently asked questions
What if I move to a different state?
Advance directive laws vary by state. Many states will honor living wills and health care proxies created elsewhere, but the rules aren’t uniform. To be safe, fill out new documents if you relocate. Check with your doctor or your state’s health department to get the correct forms for your new address.
Do I need a lawyer?
Most states provide free forms that don’t require an attorney. If your situation is complex, consulting a lawyer can help ensure your documents meet your needs.
How do I talk to my proxy about my wishes?
Use the questions from our conversation guide (see our “Talking About End of Life Wishes” article) to share what matters most. Be honest about your fears, your hopes and what quality of life means to you.
Can I change my documents?
Yes. You can revise or revoke a living will or power of attorney at any time while you have decision‑making capacity. Destroy old copies and give updated versions to everyone who needs them.
Closing
Choosing between a living will and a durable power of attorney isn’t about legal jargon; it’s about making sure your voice is heard when it matters most. Both documents empower you and protect your family from uncertainty. At Kinnect, we know from experience—both personal and professional—that taking these steps can turn a chaotic moment into a smoother, more loving transition. If you’d like help thinking through your values before you put pen to paper, try our What Matters Most reflection tool. It’s private, free and designed to spark the conversations that make these documents truly meaningful.
