Family members must guess and might disagree. One or more family members may have different opinions about your end-of-life health care, but the individual named as your durable power of attorney for health care has the ultimate say.A living will, a durable power of attorney for finances, and a durable power of attorney for health care typically appear as three separate documents. In contrast, a living will guides end-of-life decisions if you are not able to make them yourself. Durable Power of Attorney for Healthcare. This person would follow any directives you have provided for end-of-life health care after your incapacitation. These documents establish who should make decisions and provide them guidance on how you would like those decisions made. Difference Between Living Will and Durable Power of Attorney The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.Disclaimer: Communications between you and LegalZoom are protected by our Wills and living wills serve different purposes. A health care POA does do this. One of the most frequent uses for a durable power of attorneyis as part of an estate planning strategy. It also limits disputes among family members. Having all three ensures the meeting of your health and financial needs in the event of your incapacitation. It could be your financial adviser or lawyer, but many people choose a spouse or close relative. A general power of attorney ends the moment you become incapacitated. Keep in mind that, if the durable power of attorney and living will differ, the living will trumps. The basic difference between a will and a living will is the time when it is executed. Most states do.Put your signed will in a safe spot known to your family and executor. When others substitute their judgment, they are often unable to make a conjecture as to what the incapacitated person would want and instead rely on their own opinions and personal wishes.In extreme cases, disputes over end-of-life health care end up in court, as courts can step in when family members do not agree. Appoint someone who is willing to adopt your pet(s) and reserve funds for their care. You can appoint a backup executor too.Your executor first pays probate, funeral, and burial costs and seeks out creditors to pay from your estate. That's because durable powers of attorney can eliminate the need for someone to have to go to court to establish a guardianship or a conservatorship over your affairs. A living will, on the other hand, may name someone as your health care agent who can make decisions about your medical treatment without court intervention. A living will, a durable power of attorney for finances, and a durable power of attorney for health care typically appear as three separate documents. Further, it has no effect upon your death.Even when you have not stated your wishes for end-of-life care, a durable power of attorney for health care allows you to name the individual who will make those decisions. The term is somewhat misleading because a will typically only takes effect on the death of the individual. Be sure to leave your assets to people who can afford the associated payments and upkeep.Name guardians who are willing to take care of your minor children if necessary. Be aware that significant life changes could create a need for changes to your will, through a codicil or the making of a new will, and other estate documents.If you face surgery or an incurable illness or simply wish to have a thorough estate plan, create a living will.Then, if you lose the ability to communicate your preferences, your doctor and those close to you know what end-of-life decisions to make on such issues as feeding and resuscitation.You may wish to create a durable power of attorney for other treatment issues or payment instructions for healthcare. A living will has no legal impact after death.Without a living will, doctors and family members have no clear understanding of the wishes of the incapacitated person. It declares what you want done with your own body if you are on life support and enter an irreversible coma or vegetative state.Through your will, you declare what should happen to your estate after your death. This must be accomplished either by a will, a trust, or via intestacy proceedings in probate court. When you create a power of attorney for financial matters, you can authorize a trusted family mem… Some states require a separate durable power of attorney for health care, sometimes called the “attorney-in-fact," to work in conjunction with a living will, and these states call the two documents together an “advance directive." The content is not legal advice. Drafting a living will can prevent legal disputes among your family members and allow them to give their full attention to the issues at hand.A durable power of attorney for finances allows someone else to make financial decisions on your behalf if you are unable to make decisions for yourself.The financial durable power of attorney makes many financial decisions, including:Your financial durable power of attorney acts as your agent and must always take action in your best interests.A durable power of attorney for health care allows you to name someone to make health care decisions on your behalf.