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Living Will and POA

Written by Karen-Anne Cornell

The Devil is in the Detail – Living Wills

A living will does not relate to the distribution of your estate upon your death. Instead, it sets out your wishes as to how you may want to be cared for if you ever become terminally ill or injured, and unable to communicate your own preferences in this regard.

A good example of a living will is where you might be planning to undergo complicated surgery and do not wish to be resuscitated, or have life support administered in certain circumstances. Doctors will take your living will seriously and respect your wishes as far as possible provided that the document is detailed enough to guide them through the medical situation that arises.

However, if your living will is too vague, it may be of no use to your doctor at all, as it can only deal with the precise terms and conditions that you have specified. Should anything else arise that you did not anticipate and mention in your living will, such as needing a feeding tube for example, then the document is likely to be of no benefit to your doctors at all.

It is therefore recommended that together with your living will, you also have a Power of Attorney.

The Power of Attorney ensures that in the event of the unexpected, a trusted person of your choice makes the kind of vital decisions for you that you would want then to make, should you lose capacity to express these wishes yourself. Under the terms of the medical Power of Attorney, your agent known as the attorney has the right to direct your treating practitioner regarding all methods of treatment which might be discussed. Without one, any surprise situations are left entirely to your doctor’s interpretation of what he or she decides should happen.

Your Power of Attorney can also authorise your chosen person to manage a range of matters for you (as well as your medical situation), such as accessing your finances and paying bills (for instance medical bills), while you are incapacitated. For total peace of mind, it is always recommended that you make both a living will and a Power of Attorney.so that you and your lifestyle are protected should the unexpected ever occur.

For more information regarding a Will or Power of Attorney, please contact our experienced team at the Summit Law Group Australia on TEL NO to arrange an appointment.

For a limited time only, our fees are just $198 for a Will and $99 for a Power of Attorney.

Call us today to take advantage of this offer.