Can a Power of Attorney Override a Living Will?
The relationship between a Power of Attorney (POA) and a Living Will is a common source of confusion. The short answer is: generally, no, a Power of Attorney cannot override a Living Will. However, the specifics depend heavily on the wording of both documents and the laws of the jurisdiction where they were created. Let's delve deeper into the distinctions between these crucial legal documents and explore the circumstances where potential conflicts might arise.
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that authorizes one person (the "agent" or "attorney-in-fact") to act on behalf of another person (the "principal") in specific matters. There are different types of POAs, including:
- Durable Power of Attorney: This remains in effect even if the principal becomes incapacitated. This is the most relevant type when considering conflicts with a Living Will.
- Limited Power of Attorney: This grants the agent authority only for specific tasks or within a defined timeframe.
- Springing Power of Attorney: This becomes effective only upon the occurrence of a specific event, such as the principal's incapacitation.
The POA grants the agent authority to manage the principal's financial affairs, make healthcare decisions (depending on the scope of the document), or handle other legal and personal matters. Importantly, the POA's authority is limited by the terms outlined within the document itself.
What is a Living Will?
A Living Will (also known as an advance directive) is a legal document that outlines an individual's wishes regarding their medical treatment should they become terminally ill or permanently unconscious and unable to communicate their preferences. It specifically addresses end-of-life care, including decisions about life support, artificial nutrition, and hydration.
A Living Will focuses solely on medical treatment decisions, while a POA can encompass a broader range of financial and personal matters.
Can a Power of Attorney Make Healthcare Decisions Against a Living Will?
Generally, no. A Durable Power of Attorney for Healthcare (sometimes called a healthcare proxy) allows the agent to make healthcare decisions on behalf of the principal. However, if a Living Will clearly states the principal's wishes regarding specific medical treatments, the agent is legally obligated to respect those wishes. Attempting to override a clear and unambiguous Living Will would likely be considered a breach of fiduciary duty.
What if the Living Will is Ambiguous or Doesn't Address a Specific Situation?
If the Living Will is unclear or doesn't address a particular medical situation, the agent acting under a Durable Power of Attorney for Healthcare may have more leeway in making decisions. In such cases, the agent should strive to make decisions consistent with what they believe to be the principal's wishes, considering their past statements, values, and overall medical situation. They may also seek guidance from medical professionals and legal counsel.
What if There's a Direct Conflict?
If there's a direct conflict between the instructions in a Power of Attorney and a Living Will, the Living Will generally takes precedence regarding end-of-life medical decisions. This is because the Living Will directly addresses the principal's wishes concerning their own death and dying. However, legal complexities can arise, highlighting the importance of clear and concise documentation.
Are there situations where a POA might seem to override a Living Will?
This is rarely a case of outright overriding, but more of a misinterpretation. For example, a POA might give the agent the power to manage the principal's finances. If the principal is in a nursing home, the POA could authorize the agent to pay the bills, even if the Living Will specifies a "Do Not Resuscitate" (DNR) order. The payment of bills doesn't conflict with the DNR order; they are separate matters.
In Conclusion
While a Power of Attorney and a Living Will serve different purposes, having both is essential for comprehensive estate planning. To avoid potential conflicts, it's crucial to work with an estate planning attorney to ensure both documents are clearly written, legally sound, and consistent with your wishes. Consulting a legal professional is crucial to interpreting and applying these legal documents in any specific situation. The information provided here is for general informational purposes only and does not constitute legal advice.
