We recommend our clients have both a living will and durable power of attorney governing their health care – without them you can lose control of your treatment and affairs while temporarily incapacitated or in a terminal condition.
We recommend our clients have both a living will and durable power of attorney governing their health care – without them you can lose control of your treatment and affairs while temporarily incapacitated or in a terminal condition.
A living will is the commonly-used name for a written medical directive outlining your desires with respect to the approval, consent to the use of, or withdrawal of medical treatment. The health care power of attorney appoints a trusted person to make a medical decision for you in situations where you are unable to communicate your desires.
Living Wills
New Mexico recognizes written living wills as a legally-binding and effective statement of your medical desires. Living wills are signed by the patient and by witnesses – like any other will. They go into effect, however, only if your doctor and one other physician agree that you are terminally ill or in an irreversible coma.
If you are uncommunicative and deemed terminally ill or in an irreversible coma by two physicians, however, all doctors, hospitals, and other health-care institutions are required to respect your wishes as outlined in your living will. For example, your living will might indicate that you do not desire to have your life prolonged by the use of heroic or mechanized life-sustaining measures. The preparation of a living will does not adversely affect a life insurance policy and can not be the basis for denying death benefits.
We have provided living wills for many of our clients. If yours is more than five years old, we recommend you review the document to make sure it is still satisfactory.
Durable Medical Power of Attorney
A durable power of attorney is often used to designate a trusted person to take care of your financial affairs. However, you may also designate an agent for health care purposes.
The person designated to handle your health care decisions need not be the same person you designate to handle your financial affairs. We highly recommend the use of a medical durable power of attorney for clients who wish to express medical directives in circumstances that are not terminal.
