Living Will vs. Medical Power of Attorney: What Virginia Families Need to Know

In Virginia, a living will and medical power of attorney are both usually part of an advance medical directive, but they do different things. A living will states your wishes for medical care in certain serious situations. A medical power of attorney lets you name someone you trust to make health care decisions if you cannot speak for yourself.

For a broader look at how these documents fit into incapacity planning, see our page on powers of attorney and living wills in Virginia.

Living Will

A Living Will is a written statement detailing your desires regarding your medical treatment if you are incapacitated or no longer able to give informed consent. This allows you to communicate to health care professionals if there are certain treatments that you would like used or would not like used and helps to eliminate confusion regarding your medical treatment. This is frequently asked for by health care professionals if you are undergoing any procedures where you would receive anesthesia and will be incapacitated at least for a period of time. In Virginia, a Living Will is also called an Advance Medical Directive.

Medical Power of Attorney

A Medical Power of Attorney (sometimes called a Health Care Power of Attorney) is a legal document that allows you to designate another person to make your medical decisions when you are incapacitated and cannot make decisions for yourself. This means that anything not covered by your express wishes in the Living Will can be taken care of by the individual (or individuals) named in your Medical Power of Attorney. You can also provide guidance to the individual(s) you select as to how you might like your medical decisions made. And you can either name one individual, or you can name multiple individuals to act independently (either could make decisions on their own without consulting the other), together (both would need to agree to make the decisions), or consecutively (one would be the first choice, and then you would have a backup).

Hammelman Law, PLLC helps families in Ashburn, Loudoun County, and throughout Northern Virginia put the right documents in place before they're needed. Schedule a free consultation to make sure your healthcare wishes are protected.

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