Generally speaking, a living will outlines your personal directions regarding life-prolonging medical interventions you wish to receive (or not receive) in the event that you are near death or in a persistent vegetative state. On the other hand, a health-care proxy appoints an individual who will make such decisions as well as give directions for you in the event that you are unable to do so, but not necessarily near death.
There is certainly some overlap between the elements of both documents, such as an individual’s wishes regarding health care, but how the two documents are structured and how those wishes are carried out differs. Here are some of the different elements of living wills and health-care proxies. (Please note that state laws and policies affect both types of documents, and you will need to check with your local government to find out those policies unique to your state.)
A Living Will:
- Outlines specific directions regarding life-prolonging measures you wish to receive or refuse in the event of an incurable illness or if you are being kept alive via life support alone
- Is between you and your health care providers with no “middle man”
- Goes into effect when at least two doctors agree in writing that you are near death and/or in a vegetative state, when life-support or other life-prolonging measures come into play
A Health-Care Proxy:
- Appoints an individual who is aware of your health care wishes and will see that they are carried out
- Varies according to the extent of the authority you grant to your appointed individual (the “proxy”)
- Goes into effect when your attending physician confirms that you are unable to make medical care decisions, not necessarily when you are near death or in a vegetative state
There are pros and cons inherent in both documents, and as your health situation changes over the years, it’s a good idea to revisit your options. It is also advisable to discuss these options with your doctor, as he or she will have insights into your state laws and your personal health care history.
