In the modem world, being incapacitated or severely impaired due to an accident or life threatening illness is a distinct possibility. As technology advances the number of diseases and potential dangers to human health also increase. The increase of these dangers is related to pollution, radiation, and drug and alcohol abuse. But whatever the cause of these dangers may be, many people nowadays are creating a living will in preparation for any unfortunate debilitating accident or disease.

My opinion about having a living will is based on mainly on my experience. Although I work in the legal field I am not a lawyer. You should take care not to mistake anything I say as legal advice. With that out of the way, I can express freely that a living will not do all that you may think it can.

If you want to make sure that your wishes about medical care will be carried out, putting a health care power of attorney in place will be a more sensible choice. A health care power of attorney can be more specific when it comes to your preferences in that event that you are incapacitated.

If you are unfortunate enough to become incapacitated or seriously ill, you may need someone you trust to make important decisions for you. However, a living will does not designate anyone the power to make decisions for you. It is also important for those you want to make decisions for you to be aware of your vital medical information if they are to make the correct decisions for you. You see, a living will does not guarantee anyone access to a patient’s medical information.

A law commonly known as HIPAA prevents anyone from knowing any patient’s medical information with any consent from the patient. It would be wise to give someone you trust the power of attorney so that person can gain access to your medical condition to enable them to make informed decisions in your behalf. A living will may not be able to cover all the possibilities involved in a debilitating illness or accident like if thee is a possibility for the patient to recover, making life or death decisions difficult to make.

Asking your lawyer for advice before creating a living will for yourself or your loved one can assure you of a better preparation for the possibility of being incapacitated. A lawyer can also lucidly discuss the effectiveness of a living will against a health care power of attorney. It may cost you more money but it’s worth it if it ensures that you and your family of having more freedom and protection in the event that you become incapacitated or seriously ill.