Living Wills vs Patient Advocate.. I am confused

18 years ago

I am filling out papers for a hospital admission. They want to know if I have a "Living Will". No, I don't, but I do have a "Patient Advocate" that was drawn up by an attorney 12 years ago when we lived in Michigan. Is there a difference? The PA designates my DH, then my daughter, to make medical decisions for me if I cannot. They know my wishes about such things and are in agreement, so do I need a Living Will also?

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Comments (13)

grammahony
18 years ago
I wouldn't think so, but I'm sure someone else will be able to answer your question.
Leslie
golfergrrl
18 years ago
Hospitals now refer to the living will as a patient advocate. They're the same thing. Confused me the last time I was at the hospital. We've always called them living wills.
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azzalea
18 years ago
Living will is really just the popular term, as I understand it.

Remember, NEVER give the original to anyone. Keep that in a safe place (a safe, or your safe deposit box)--if the hospital, or the person you've named to make those decisions needs one, a copy is all they need.
Jonesy
18 years ago
My lawyer told me to give my POA a copy, not the orig. But he said she would need the original if I was ever incapacitated. I have a problem figuring out how she can get the orig when she needs it. I guess the copy would allow her to go into my home and find it. She knows where it is, just doesn't know how to get in the house.

Also for the seniors out there, you are probably familiar with the documents you need when you get older. I thought did, but there was one I missed a Comfort Care document. It is your wishes for care in a nursing home. Mine says I was only to be given pain meds, no meds to keep me alive.
lilliepad
18 years ago
You should also give your regular doctor a copy as well as the hospital.They will keep it on file but that doesn't always mean they will be able to find it when you need it.LOL
A copy should be in a place in your home where your children or other family member/close friend,etc. will be able to access it if the occasion should arise.Never know when something might come up and the POA or whoever is responsible might be out of pocket.Copies of wills,POA's,
living wills,medical POA's and other important papers can be kept in your home in a fireproof safe.Originals in a safety deposit box with a person you trust on the signature card.
Everyone should have a living will and a Medical Power of attorney.
* A Living Will allows you to convey your wishes regarding treatment when those wishes can no longer be personally communicated.
* A Medical Power of Attorney allows you to designate someone to make health care decisions for you when you are unable.

Jonsey-I don't know who your POA is but she will have the authority to access your home only if that is the conditions of the POA.Make sure that you have it specified in the POA exactly what her duties are and when she can exercise them.
There are lots of different stipulations in a POA also,so one should make clear exactly what the duties of the POA should be when making one.

Here is a link that might be useful: Living Wills/Patient Advocate forms
gazania_gw
Original Author
18 years ago
lilliepad, when I put the 2 above terms into Google, everything that came up that mentioned "Patient Advocate" seemed to be somwhow connected to Michigan as I see your link to the forms did. Since my papers were done in Michigan, maybe that term is a Michigan thing.

My PA conveys what you say The Medical Power of Attorney does. It names my DH, or in his absence, my DD to make decisions for me should I be unable to do so. However it does not spell out my wishes regarding treatment. It just gives them the right to decide what my treatment should be. Since my DD is a nurse I am comfortable that she would handle things the way that is best under whatever circumstances. So my PA is more like a Medical Power of Attorney. Should I then have a Living Will also to give my POA's my wishes for medical care? Or is it ok that I trust that they would know what I would want?
mariend
18 years ago
Was it drawn up in a different state? If so, may not be valid where you live now. Check with an attorney in the state you live in now.
gazania_gw
Original Author
18 years ago
Mariend, that is a thought that warrants checking. I know that we have to get our will redone. The legal system has it's rules and some of them for good reason, but it really gets my dander up that just moving makes lawyers richer.
Jonesy
18 years ago
My POA is my accountant. The attorney said that might not be a good idea. I replied with, "she was my neighbor and friend for 15 years". He said that's ok and if she is a friend she won't take money for doing it. The first thing out of the POA's mouth, "I don't want any money for doing it". So the attorney was pleased with my choice. I had him fix it so the POA can work for me after my death to pay outstanding bills and sell my home if I go to a nursing home. The key word to the POA is "someone you trust" The only people I trust are my sisters and they all older than I am, so that doesn't work.
lilliepad
18 years ago
I would als want my wishes taken into consideration in the medical POA.I have been through this with my parents and I know how hard it is to make a decision like that.Knowing exactly what they wanted makes it a little easier even though sometimes you don't agree.Having everything in writing makes it somewhat easier.
"Should I then have a Living Will also to give my POA's my wishes for medical care?"
I would,just to be on the safe side.
susanjf_gw
18 years ago
gazania if you've changed states, i wonder if an out of state document would be considered legal in your current state...
sue_va
18 years ago
I have a Living Will, a POA for Health Matters, and a POA for Financial Matters. My DD is the POA for both. She, the hospital and each doctor that I see has a copy of my Living Will. Of course she has a key to my house also.

She is also on my Bank checking accounts, in case of emergency she can pay my bills or get anything I might need.

The only reference I have heard in this area for Patient Advocate is a person employed by the hospital to work with a patient who might have a complaint with care or something like that.

I have also made all arrangements for my burial, including having paid fot it.

Guess I've got everything covered.

Sue
Jonesy
18 years ago
I would not put my child's name on my savings account. A checking is ok if you don't have a large amount of money in it. The reason is, the money is then consider theirs as much as yours in a court of law. If she is sued, divorce, etc., you can lose your money. After my husband died, I put my affairs in order. I put POD on my bank accounts and TOD on my car and my home, with my heirs name on it. My heir wanted a will to back up my wishes. I went to an estate attorney and he said what I had done cannot be touched by anyone even if they sue, he said I did good. LOL

Living Wills vs Patient Advocate.. I am confused

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