Advance Directive vs. Health Care Power of Attorney: What’s the Difference?
If you were unable to make your own medical decisions, who would make them for you, and would they know what you wanted?
That’s where Advance Directives and Health Care Powers of Attorney come in.
The terms are sometimes used interchangeably, but they don’t necessarily mean the same thing.
What Is an Advance Directive?
An Advance Directive is a legal document used to put your wishes regarding future medical care in writing.
It can provide guidance about the types of medical treatment you would or would not want if you became unable to communicate or make decisions for yourself.
An easy way to think about it:
Advance Directive: “Here’s what I want.”
What Is a Health Care Power of Attorney?
A Health Care Power of Attorney focuses on the person you authorize to make health care decisions on your behalf if you are unable to make those decisions yourself.
Depending on the state, that person may be referred to as your health care agent, representative, proxy, or attorney-in-fact.
Think of it as:
Health Care POA: “Here’s who I trust to make the decision.”
Can They Be Part of the Same Document?
Yes.
Depending on the state and the document being used, instructions regarding your medical wishes and the appointment of someone to make decisions for you may be included within the same advance planning documents.
This is one reason it’s important to look at the actual document rather than relying only on its title.
Why Does the Difference Matter?
Planning ahead can help make sure your wishes are known and that the right person has authority to speak for you when necessary.
It can also make an already difficult situation easier for family members who might otherwise be left wondering what you wanted or who should make a decision.
Does an Advance Directive or Health Care POA Need to Be Notarized?
The signing requirements depend on the state and the particular document.
Some documents require witnesses, some provide for notarization, and others may have different execution requirements.
Before signing, review the instructions and signature section carefully. If your document requires notarization, it should generally be signed in the presence of the notary rather than beforehand.
Need a Mobile Notary?
Clark County Mobile Notary provides convenient mobile notary services throughout Southwest Washington and the Portland Metro area, including appointments at homes, hospitals, rehabilitation facilities, senior living communities, and other locations.
If you have an Advance Directive, Health Care Power of Attorney, estate planning documents, or other documents that require notarization, we can help with the notarial portion of the signing process.
A notary cannot choose the appropriate document for you or provide legal advice. Questions about what documents you should have or what provisions they should contain should be directed to a qualified attorney.
