Can a Medical Power of Attorney Override a Living Will?

In the realm of end-of-life planning, two critical documents stand out: the living will and the medical power of attorney. Both are designed to ensure that an individual’s wishes regarding medical treatment are honored, especially when they are unable to communicate. However, there is often confusion about the hierarchy between these two documents. One of the most pressing questions is: can a medical power of attorney override a living will?

A living will, also known as an advance health care directive, is a legal document that outlines an individual’s preferences for medical treatment in the event of a terminal illness or incapacity. It provides specific instructions regarding life-sustaining treatments, such as artificial feeding, resuscitation, and the use of ventilators. A living will is typically created well in advance of any potential medical issues and serves as a guide for healthcare providers and family members.

On the other hand, a medical power of attorney, also known as a durable power of attorney for healthcare, appoints a person (the agent) to make medical decisions on behalf of the principal (the individual) when they are unable to do so. This person is typically someone the principal trusts to make decisions that align with their values and wishes.

The question of whether a medical power of attorney can override a living will depends on the specific laws and regulations of the state in which the individual resides. Generally, a living will takes precedence over a medical power of attorney in most states. This is because a living will is considered a more explicit expression of an individual’s wishes regarding end-of-life care.

However, there are instances where a medical power of attorney may take precedence. For example, if the individual has not executed a living will, or if the living will is deemed invalid due to legal technicalities, the medical power of attorney may become the primary document guiding the healthcare decisions. Additionally, if the agent named in the medical power of attorney is also the executor of the individual’s estate, they may have a legal obligation to act in the best interest of the estate, which could potentially override the living will.

It is crucial for individuals to understand the implications of both documents and to consult with an attorney to ensure that their end-of-life wishes are clearly documented and legally binding. By doing so, they can help avoid any confusion or conflict regarding their healthcare decisions.

In conclusion, while a medical power of attorney can override a living will in certain circumstances, the living will generally takes precedence. It is essential for individuals to carefully consider their options and seek legal advice to ensure that their end-of-life wishes are honored and respected.