Allocating Health-Care Rights

After last week’s column about the durable power of attorney for health care, one reader wanted to know if it was the same thing as a “living will.” No, it is not.

The durable power of attorney for health care designates someone else to make health-care decisions for you while you are incapacitated, including decisions about the use of life support equipment. On the other hand, a living will is directed specifically at physicians, and is a document that you can use only to express your personal wishes concerning the use of life-sustaining procedures. It is recognized in about half of the states.

However, and this is an important point, it is only binding on your doctors if you sign it within 14 days after you have learned that you have a terminal disease. Otherwise, it is only advisory.

Thus, the durable power of attorney for health care is a better device to use to insure that your opposition to the use of life-support equipment will be honored. Still, completing a living will is not a bad idea, as explained by Denis Clifford, the author of “The Power of Attorney Book” and the “Simple Will Book.”

“The subject of use of life support systems is so vital to many people, and such a new area of law, it is wise to express your desires in more than one form,” writes Clifford. “Whether binding or not, a living will or directive can be helpful as further proof of your desires. Also a living will is directed specifically at doctors, which some may find more comfortable and acceptable than a . . . durable power of attorney.”

Another reader complained that several of his local stationery stores do not stock the durable power of attorney for health care form. If you can’t find it at your local store, try Wolcott’s in downtown Los Angeles, telephone (213) 624-4943, which says it has it in stock. And the California Medical Assn. also has published a form, which it endorses, along with a booklet explaining the power of attorney. However, the CMA form does not include two provisions found in the statutory form.

The CMA form and booklet is available from Sutter Publications for $1.60. It is from P.O. Box 7690, San Franciso, Calif. 94120.

Klein cannot answer mail personally but will respond in this column to questions of general interest about the law. Do not telephone. Write to Jeffrey S. Klein, Legal View, The Times, Times Mirror Square, Los Angeles 90053.