THE POWER OF THE PEN
While recovering from a disability you may find the need to set up some safeguards so that your intentions are honored. Below is a brief explanation of the differences and the power they hold.
A living will is a document explaining whether or not you want to be on life support if you fall terminally ill and will die shortly without life support, or into an irreversible coma or persistent vegetative state. Unlike last wills, they have nothing to do with property division after your death.
What is the difference in “living Will” & “Will to Live” documents?
- Advance directives satisfy the requirement of Missouri law that a person may be deprived of medical care and treatment that would keep the person alive when unconscious only if there is clear and convincing evidence that the person stated in advance his or her wishes so to be deprived.
- A Will to Live helps protect your own life by making clear that you would want food and water and would want life-saving treatment except in the circumstances you yourself specify.
- There is a study finding that doctors often underestimate the quality of life of their patients, in comparison to the patients’ own assessment. https://www.nrlc.org
Power of Attorney is the authority to act for another person in specified or all legal or financial matters.
- Implementing a power of attorney doesn’t mean that you cannot make your own decisions, it basically means that someone else can act on your behalf.
Another type of power of attorney exists for those who become incapacitated and are not able to make decisions concerning their own financial affairs. This type of power of attorney is called durable power of attorney.
- By enacting a durable power of attorney, you are allowing the agent to spend your money, deposit checks, cash checks and withdraw money from your bank account. The agent can also sell your property, enter into contracts on your behalf and pursue insurance claims and other legal actions.
A lawyer or a notary republic should witness the durable power of attorney document before you enact it. If you do not establish this type of agreement and become mentally unstable or unfit, a court might do it for you.
You should make separate power of attorney documents for health care and finances; it makes a good deal of sense to name the same agent under both documents.