When making decisions about your healthcare, it’s important to have a plan in place. An advance directive or living will help ensure that your wishes are carried out if you cannot decide for yourself. Both documents allow you to express your healthcare preferences in advance. But what’s the difference between these two documents?
This article will explore the differences between Advance Directives and Living Wills and help you decide which document may be best for your healthcare planning needs.
What Is a Living Will?
It is just one type of advance directive, but living wills are generally more specific than other types of advance directives. A living will is an advance directive that outlines your preferences regarding life-sustaining procedures and end-of-life medical treatment. A living will takes effect if you are in permanent unconsciousness, your terminal illness progresses to incapacitation (as determined by medical professionals), or you sustain a mortal injury and cannot express your wishes.
Additionally, a living will specify whether or not you want your life to be prolonged, what measures you want to keep you alive, as well as pain management, organ donation, refusal of medical care, and other medical preferences. It also allows you to specify any religious beliefs you would like observed that may prohibit life-sustaining procedures.
What Is an Advance Directive?
An advance directive is a legal document that describes your wishes for medical care and treatment if you cannot communicate with your doctor during illness or injury. It allows you to outline your healthcare preferences and/or whether you want to be on life support and what kind of pain management you prefer. You can also use an advance directive to appoint someone to decide on your behalf if you cannot do so yourself. This person is called a healthcare proxy or surrogate decision-maker.
Situations that may lead to a patient being declared medically incapacitated include:
- Strokes
- Comas
- Dementia
- Terminal Illnesses
- Severe Injuries
In most cases, advance directives come into effect only once a physician determines you’re incapacitated and therefore unable to make your own decisions.
An advance directive provides instructions on the type of treatment you want (and don’t want) to receive based on your condition. You can define your preferences regarding life-sustaining surgeries, artificial respiration, cardiopulmonary resuscitation, artificial nutrition, medication, treatments, and more with an advance directive.
What is Included in an Advance Directive?
The most common advance directives are a living will and medical power of attorney. However, there are several other types as well.
Below is a breakdown of the different types of Advance Directives enforceable throughout the United States:
Medical Power of Attorney
A medical power of attorney is a legal document used to appoint someone you trust to make decisions and advocate for your medical care when you cannot do so yourself.
Do Not Resuscitate (DNR)
A Do Not Resuscitate order (DNR) instructs medical professionals not to administer cardiopulmonary resuscitation (CPR) if your heart stops beating or you stop breathing.
Organ and Tissue Donation
Registering as an organ donor indicates your desire to donate anatomical gifts in the event of your death and specifies which tissues and organs you wish to donate.
What’s the Difference Between an Advance Directive and a Living Will?
A living will is an advance directive that describes your wishes for end-of-life treatment and care. Your living will only take effect if you can’t communicate your wishes due to incapacitation.
Other types of advance directives offer additional options, such as being able to appoint a healthcare agent to make decisions on your behalf. However, suppose you wish to dictate your preferences regarding life-sustaining treatments. In that case, you’ll need to complete additional documents such as a do-not-resuscitate order or living will separately.
Alternatively, some advance directives cover various advance care planning options, so you only need to complete one form.
In other words, living wills and advance directives can overlap in function and are often referred to synonymously.
Each state has its unique legislation governing advance directives. So, no one-size-fits-all definition for advance directives or living wills is valid in every state.
Moreover, in most states, there is no designated format outlining what must be covered in a living will and advance directive. Therefore, people are free to use forms provided by their state, drafted by a lawyer, or even created independently.
Before you decide to complete your own, you should consult the laws governing the creation, revocation, and validity in the state where you’d like to execute your advance directive.
Why Living Wills and Advance Directives Are Essential
Without a completed and legally binding living will and advance directive, you and your loved ones may not have control over your medical and end-of-life care if you become incapacitated.
Healthcare professionals can also not respond to you quickly in a crisis. Medical treatments that conflict with your beliefs may be used without your consent — resulting in prolonged pain and suffering.
Furthermore, your loved ones will inevitably face the emotional burden of making life-and-death decisions on your behalf if you’re incapacitated and unable to communicate your wishes. Disagreements may occur without an appointed healthcare agent, and physicians may not know who should get the final say regarding how to proceed with your medical treatment.
Completing a living will and advance directive allows you to control your future medical care and reduce suffering for you, your friends, and your family.
