A Power of Attorney for Property (hereinafter referred to as "POA") and a Living Will are distinctly different from one another. A POA is designed to designate a person that will handle one's finances if they are unable to manage their own finances such as a sister, daughter or son, or husband. For instance, Jackie Smith is 70 years old and is experiencing problems with mobilility and memory. Jackie Smith has her daughter, JoLynn, has her POA. JoLynn is responsible for paying the mortgage payment, real estate taxes, and other bills for Jackie Smith. Therefore, a POA is designed to empower your loved ones to pay your bills and without a power of attorney, one must petition a guardianship court to have a guardian chosen for you.
A living will is a healthcare document, which describes how you want healthcare decisions made for you. Unlike a power of attorney for healthcare, a living will does not designate another person to make healthcare decisions for you. A living will answers key questions such as whether you want a breathing tube, whether you want life support and what kind, and whether you want blood transfusions.
Sean Robertson is an estate planning and elder law attorney that can be reached at (630) 364-2318 or (312) 498-6080 or Sean@RobertsonLawGroup.com.
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