What is the difference between a Living Will and a Power of Attorney?

When it comes to making sure your wishes are respected during your life and after your death, you can create legal documents to protect your interests. In Scotland, individuals have the legal right to plan for their future and make decisions about their healthcare, finances, and personal welfare. There are two types of documents that facilitate this: Living Wills and Powers of Attorney. Although both documents involve decision-making on behalf of an individual, they serve different purposes and have distinct scopes of authority

Living Will

A Living Will, also known as an Advance Medical Directive, is a legal document that allows individuals to express their healthcare preferences in advance and how they want to be treated and cared for in certain circumstances.

Advances in medicine mean people’s lives can be extended as never before, but sometimes at the cost of painful or invasive treatments that affect their quality of life. Primarily a Living Will outlines specific medical treatments and interventions that a person either wishes to receive or avoid in particular situations. This includes decisions and clear instructions regarding life-sustaining treatment, resuscitation, and other medical procedures.

This document is particularly important in situations where someone is unable to communicate their wishes due to illness, incapacity, or a terminal condition.

A Living Will must be signed whilst you are mentally competent. It is a good idea to provide your doctor with a copy of your up-to-date Living Will so that they can include it in your medical notes.

Power of Attorney

A Power of Attorney, on the other hand, is a legal document that grants someone else, known as the attorney, the authority to make decisions and take actions on behalf of the granter, the person creating the power of attorney. Powers of attorney in Scotland can cover various aspects of decision-making, including financial, legal, and personal welfare matters. There are different types of Powers of Attorney:

Continuing Power of Attorney: This type of Power of Attorney pertains to financial and property matters. It allows the attorney to manage the granter’s finances, handle banking transactions, pay bills, and make decisions related to property and assets on their behalf.

Welfare Power of Attorney: This focuses on personal welfare and healthcare decisions. It grants the attorney the authority to make choices regarding medical treatment, accommodation, and other personal matters on behalf of the granter.

Both types of Powers of Attorney must be registered with the Office of the Public Guardian in order to be valid and legally effective. The granter can specify the scope and limitations of the attorney’s authority, ensuring that their preferences are respected and that decisions are made in their best interests.

Key differences

The primary difference between a Living Will and a Power of Attorney lies in their scope and purpose. A Living Will specifically addresses healthcare decisions and allows individuals to express their medical treatment preferences in advance. In contrast, Powers of Attorney cover a broader range of matters, including financial, legal, and personal welfare decisions, and can be tailored to the granter’s specific needs and requirements.

A qualified solicitor will be able to help guide you through all different types of documents and help prepare ones best suited to you, your wishes, and your welfare.