“What is the relationship between a Living Will and an Advance Directive?”
The relationship between a Living Will and an Advance Directive is that a “Living Will” is a type of Advance Directive.
A Living Will is a static document that lists specific instructions for medical treatment that the signer wants, or does not want, to have, in case the signer becomes unable to give informed consent in the future.
The better type of Advance Directive is a Health Care Power of Attorney in which the signer both names a health care agent, and authorizes the agent to make all decisions related to medical treatment of the signer of the document. This better kind of Advance Directive does not detail specific instructions, such as “I want to be put on a ventilator” or “I do not want to be resuscitated.” Instead, it authorizes the Agent to make decisions in accord with the known wishes of the signer, or if wishes are unknown, then in the best interests of the signer.
We highly recommend that our clients only sign an Advance Directive of the Health Care Power of Attorney type, with no signed Living Will. This is because a Living Will overrides the instructions of the chosen and trusted health care agent. This can result in the wishes of the signer NOT being honored.