Is there a difference between a Living Will and a Durable Power of Attorney for Health Care? Yes, definitely. If you sign a Living Will, that means two doctors will determine if life support is to be terminated in the event that you are (a) terminally ill or (b) permanently unconscious. The Power of Attorney means that a team—consisting of the two doctors and the person you appoint—will make that decision. If you have signed both of those documents, the Living Will controls. Discuss this thoroughly with your estate planning attorney.
-Attorney Jack N. Alpern